BALWANT SINGH SALUJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this Writ Petition under Articles 226/227 of the Constitution of India with a prayer to issue writ of Certiorari quashing order of resumption dated 11.7.1991 (Annexure P-1), order passed by the Estate Officer dated 30.11.1995 (Annexure P-2) and order dated 31.3.1992 (Annexure P2/A) passed by the revisional authority. Prayer has further been made to quash order dated 20th June, 2002 (Annexure P/12) passed by the Estate Officer-respondent No. 3. Petitioners have also made a prayer that writ of mandamus be issued directing the respondents to accept balance amount of price of Booth No. 92 Phase VII, Mohali, with interest/penalty and restore the above mentioned property to them, in terms of order passed by the Hon'ble Supreme Court in Civil Appeal No. 7348-7349/1997 (Annexure P-7).

(2.) IT is apparent from the record that Booth No. 92, Phase VII, Mohali was allotted to the petitioners, being highest bidders, in an open auction for a sum of Rs. 1,79,000/- on 23rd September, 1987. Petitioner had deposited 25% of the sale price. Remaining amount was to be paid in four annual equal installments with interest at the rate of 7% per annum. Schedule for payment of installments was mentioned in the allotment letter. After deposit of 1st installment, petitioners failed to make any deposit towards remaining amount. In the meantime, petitioners had completed construction over the plot allotted to them, occupation certificate was issued on 31st August, 1989. Despite notice, payment towards remaining sale price was not made and ultimately, after providing due opportunities of hearing to the petitioners, booth in dispute was resumed vide order dated 11th July, 1991 (Annexure P/1) and 10% of the sale price was ordered to be forfeited. Petitioners went in appeal and vide order dated 6th September, 1991, appeal was accepted, subject to the condition that petitioners will deposit remaining amount along with simple interest within four months from the date of said order. It was further ordered that in case they failed to make payment within the stipulated period, order of resumption shall remain intact. Petitioners failed to avail this golden opportunity given to them and instead filed a revision petition under Section 11(3) of the Punjab Urban Estates (Development and Regulations) Act, 1964. At the time of hearing of the revision petition, petitioners offered to pay Rs. 10,000/- within one month and remaining amount within four months thereafter. Revisional authority, by taking lenient view, accepted request made by the petitioners. They were allowed to make payment, as offered by them. Order of resumption was kept in abeyance, subject to the condition that if they failed to make the payment, as undertaken by them, the site in question shall be deemed to have been resumed automatically. Petitioners made payment of Rs. 10,000/-, as agreed, but they failed to make payment of the remaining amount. Ultimately, site was resumed vide order dated 30th November, 1995 (Annexure P-2) by the Estate Officer. Excess amount than 10% of the sale price was ordered to be refunded. Petitioner No. 1 filed Civil Writ Petition No. 18004 of 1995 in this Court seeking quashing of orders, referred to above. That writ petition after contest, was dismissed, vide order dated 24th May, 1996. Petitioner No. 1 filed Special Leave Petition No. 18581 of 1996 in the Hon'ble Supreme Court of India, against order referred to above, the same was got dismissed as withdrawn. Petitioner No. 1 again filed Civil Writ Petition No. 3102 of 1997 in this Court. At the time of hearing, counsel made a request that he may be permitted to withdraw that writ petition unconditionally. Request was accepted and writ petition was dismissed as withdrawn on 4th March, 1997. Thereafter, Estate Officer, while exercising powers under Section 46(1) of the Punjab Regional and Town Planning and Development Act, 1995 on 3rd September, 1998, ordered eviction of the petitioners from the property in dispute. Petitioners went in appeal, which was dismissed on 1st June, 1989. Thereafter even civil suit was filed with a prayer that the authorities be restrained from dispossessing them from the booth in question, till assessment of the value, towards super-structure, was made. Civil Court refused to grant any interim injunction. Appeal was also dismissed by the appellate Court on 6th September, 2000. After failing at every stage(s), as has been referred to above, again representation was made by the petitioners on 28th January, 2000 to the Chief Administrator, PUDA with a request to revoke resumption and eviction order, after accepting balance payment. They also approached Chief Minister, Punjab by letter dated 18th September, 2000. In compliance to the eviction order possession of the property in dispute, was also taken by the respondents. Petitioners filed Civil Writ Petition No. 3255 of 2002 by reiterating prayers, which were made in earlier writ petitions. In the writ petition, which was filed later in time, reliance was placed upon the judgment passed by Hon'ble Supreme Court in Civil Appeal No. 7348-49 of 1997 titled as H.S. Bajwa v. State of Punjab. This Court vide order dated 1st March, 2002 disposed of the Civil Writ Petition No. 3255 of 2002 with direction to the authorities to dispose of the representation moved by the petitioners by passing a speaking order. Thereafter, order dated 20th June, 2002 (Annexure P/12) was passed, vide which relief was declined to the petitioners. Hence, this writ petition.

(3.) AFTER looking into sequence of events, as referred to above, this Court feels that this writ petition deserves dismissal.