NARINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner seeks a mandamus to direct the Improvement Trust, Amritsar and State of Punjab to allot her plot No. B-97 measuring 250 Sq. yards in the Ajnala Road Development Scheme, Amritsar and deliver its physical possession. The above-mentioned directions have been sought in this backdrop that the petitioner is a Non Resident Indian and as per the Punjab Government's notification dated 26.04.1976 (Annexure P1), the State Government approved various categories of the persons to whom plots could be allotted under rule 7(b) of the Utilization of Land and Allotment of Plots by the Improvement Trusts Rules, 1975. As per Serial No. 11 of this notification the "Indians settled abroad who are willing to pay the entire price in foreign exchange in lump sum" are also included in the said preferential category.

(2.) The petitioner moved an application on 29.09.1979 stating that she wanted to settle down at Amritsar if a residential plot was allotted to her.

(3.) The petitioner's application was considered by the Improvement Trust, who vide resolution No. 292 dated 30.10.1979 (Annexure P3) resolved to allot her plot No. B-97 measuring 250 sq. yards. The petitioner though deposited the earnest money expressing her willingness for the allotment however, it is an admitted fact that the State Government declined to approve the resolution of the Improvement Trust and as a result thereto, no allotment letter was issued to the petitioner.