LAWS(P&H)-2014-4-317

MAJOR HARKANWALJIT SINGH RANDHAWA Vs. STATE OF PUNJAB

Decided On April 09, 2014
Major Harkanwaljit Singh Randhawa Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioner had applied for allotment of plot under the defence quota before respondent No. 2. The earnest money to the tune of Rs. 10,000/ - had been paid and the registration of the petitioner for the allotment of plot is reflected in the communication dated 25.08.1978 (Annexure P -1). The offer of allotment of Plot no. 1078 of 400 sq. yards in Sector 71, SAS Nagar was made to the petitioner vide letter dated 14.07.1989 (Annexure P -3). It is stated in the said letter that the allotment is subject to the terms and conditions annexed with it. The tentative price of the plot was stated to be Rs. 1,60,000/ -. 25% of the tentative price would come to Rs. 40,000/ - and it is clearly stated therein that a sum of Rs. 30,000/ - should be paid thereby completing 25% of the tentative price and the possession of the plot should be taken within 30 days from the date of issue of the said letter failing which the allotment was liable to be cancelled. The petitioner was duly informed about the allotment vide registered letter dated 14.07.1989 sent at the address given by him i.e. House No. 1301, Sector 33 -C, Chandigarh. This fact has been observed by the Assistant Chief Administrator, GMADA in his order dated 13.08.2009 and is not disputed. The petitioner neither deposited the said amount of Rs. 30,000/ - nor took any steps for taking the possession of the plot. Consequently, a show cause notice was issued on 14.02.1996 to the petitioner by the Estate Officer, GMADA, which was received back undelivered. Subsequently notices were again issued to the petitioner for personal hearing at the address given by the petitioner. The allotment was finally cancelled by the Estate Officer, GMADA, vide order dated 03.06.2009 (Annexure P -4).

(2.) THE appeal preferred by the petitioner against the said order was rejected by the Assistant Chief Administrator, GMADA, Mohali vide order dated 13.08.2009 (Annexure P -5). The revision petition preferred the petitioner under Section 45(8) of The Punjab Regional and Town Planning Development Act, 1995 was also dismissed vide order dated 06.04.2010. The petitioner had thereafter approached this Court vide CWP No. 16225 of 2010. This writ petition was permitted to be withdrawn vide order dated 10.09.2010 by this Court with liberty to the petitioner to pursue his representation before the higher Executive Authority of the State. The order dated 10.09.2010 passed by this Court is reproduced as hereinunder: -

(3.) THE present petition has been preferred again by the petitioner for quashing of the impugned order dated 03.06.2009 (Annexure P -4) and restoration of the allotment of plot to him.