BHEL-EMPLOYEES COOPERATIVE HOUSE BUILDING SOCIETY LTD Vs. GOINDWAL INDUSTRIAL & INVESTMENT CORPORATION

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to an communication dated 1.3.1993 (Annexure P -23), wherein the respondent -Corporation has fixed the price of residential plot @ Rs. 350 per square yards. It is also stipulated therein that if earnest money is not received in terms of the revised rates, it will be presumed that the petitioner is not interested to have plots and earnest money already received will be refunded.

(2.) THE petitioner is a registered Co -operative Society registered under the Punjab Co -operative Societies Act, 1961. On the other hand, respondent is an agency and instrumentality of the State Government of Punjab. The petitioner sought allotment of a piece of land for its members. The respondent -Corporation communicated on 24.12.1986 (Annexure P -9) that it has been decided to allot the developed residential plots to the petitioner Society @ Rs. 66.66 per square yard. Such offer was accepted by the petitioner on 12.2.1987 (Annexure P -11) proposing the requirement of 27 plots i.e. 10 plots of 500 square yards; 12 plots of 250 square yards and 10 plots of 200 square yards. The Corporation called upon the petitioner to submit application forms along with earnest money. But the petitioner gave additional requirement of 20 plots i.e. 2 plots of 500 square yards; 12 plots of 250 square yards and 6 plots of 200 square yards. Subsequently on 11.7.1987 (Annexure P -17), the petitioner submitted a list of members along with earnest money i.e. by adding 3 plots of 500 square yard; 7 plots of 250 square yards and 1 plot of 200 square yards. On 6.9.1988, the petitioner -Society intimated that about 29 members of the Society have deposited the earnest money amounting to Rs. 42,000/ - and that plots be allotted to them.

(3.) IN reply, on behalf of the respondents, it is averred that 29 plots were allotted at a concessional rate of Rs. 66.66 per square yard. 25% rebate was allowed on this rate with the condition that the Society will start construction within three months. Since, the construction was not started and members of the Society failed to adhere to the schedule for raising construction, the Board of Directors have decided to charge Rs. 350/ - per square yard after considering the development charges and the amount of compensation paid towards acquired land. It is also averred that it was not possible to accommodate large number of individuals as per the list sent by the Society. The land was offered to the petitioner for raising multi storied flats near GIICO nursery but was not accepted.