GREATER MOHALI AREA DEVELOPMENT AUTHORITY Vs. ANIL KUMAR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order dated 11.05.2011 whereby writ petition preferred by the contesting respondents has been allowed in terms of an earlier decision of this Court in D.S. Laungia & Ors. Vs. The State of Punjab & Ors., CWP No. 13283 of 1991 dated 28.09.1992.

(2.) BRIEFLY noticed, the facts are that residential Plot Nos. 1275 and 1280 measuring 250 square yards each in Sector 70 were allotted to respondents No. 1 and 2 vide allotment letters dated 05.03.1987 and 18.03.1987 [Annexures P -1 and P -2] respectively. It was stipulated in Clause 3 of the allotment letter that total price of the plot was Rs. 58,125/ - but Clause 4 further provided that the said price was subject to variation with reference to the actual measurement of the site "as well as in case of enhancement of compensation by the Court or otherwise.....".

(3.) THE aggrieved allottees approached this Court and the allotting authority in its written statement justified enhancement on the ground that meanwhile the compensation amount for the acquired land was enhanced. Unfortunately, the details of the enhancement and the proportionate liability of the allottees were neither mentioned in the written statement nor in the impugned communications.