GURDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have approached this Court by way of instant petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the action of the respondents in charging the enhanced price from them qua plot No. 855, Sector 77, SAS Nagar, Mohali, measuring 100 square yards allotted vide Letter of Intent (LOI) dated 18.4.2013 (Annexure P -13). Further, a writ of mandamus has been sought directing the respondents to hand over possession of the plot in question in the oustee category to the petitioners and to charge the price of the said plot as per the date of initial allotment, i.e. 15.7.1993 fixed by the respondents and deposited by the petitioners as the allotment was wrongly made by the respondents in favour of Desa Singh.

(2.) BRIEFLY stated, the facts relevant for adjudication of the present writ petition as narrated therein are that the petitioners filed a suit for declaration to the effect that the allotment of plot No. 927, Phase - 10, SAS Nagar, Mohali to Garibu by the respondents against registration No. 10331 was illegal, null and void. They also sought mandatory injunction that the respondents be directed to allot the same to the petitioners or to allot some other plot in lieu thereof. The land of the petitioners situated at village Mataur and Madanpura was acquired by the State of Punjab for development of Urban Estate, SAS Nagar and as per the oustee scheme of the State Government, the petitioners were required to be allotted plot in lieu of the land acquired. The petitioners moved an application along with demand draft dated 5.9.1980 for Rs. 1525/ - as 10% of the cost of plot against registration No. 10331 for a 10 marla plot which was duly received in the office of respondent No.3 vide diary No. 3338 -MB dated 5.9.1980. In the meanwhile, the State of Punjab changed the policy and as per the revised policy, the petitioners were held entitled to a plot of 200 square yards instead of 250 square yards. The petitioners thereafter deposited an amount of Rs. 2725/ - vide bank draft dated 2.6.1981. Respondent No.3 vide letter dated 5.11.1981 offered a 4 marla plot to the petitioners and asked them to deposit Rs. 7450/ - to make an amount as 25% along with an affidavit. The petitioners deposited the said amount vide demand draft dated 20.2.1993 and also submitted the certificate regarding the acquisition of land. However, instead of allotting the plot to the petitioners, the respondents allotted the plot to one Garibu who was the co -sharer of the petitioners on the basis of false affidavit submitted by him. The petitioners challenged the said action of the respondents by way of civil suit. The said civil suit was decreed by the trial court vide judgment and decree dated 22.2.2007 (Annexure P -1) and the respondents were directed to allot the plot in favour of the petitioners. The said judgment and decree was challenged by the petitioners as well as the respondents by way of appeals before the lower appellate court who vide judgment and decree dated 10.5.2008 (Annexure P -2) dismissed the appeals filed by both the parties. The respondents were directed to make the allotment of the plot as per Government policy within a period of three months from the date of passing of the judgment and decree. Feeling aggrieved, respondent No.3 filed RSA No. 870 of 2009 before this Court which was also dismissed in limini by this Court vide judgment dated 25.2.2009 (Annexure P -3). Thereafter, respondent No.3 took the matter before the Supreme Court by filing SLP No. 15179 of 2009. The Supreme Court dismissed the said SLP vide judgment dated 23.7.2009 (Annexure P -4). The petitioners vide letter dated 17.6.2008 (Annexure P -5) informed the respondents regarding the judgment and decree dated 10.5.2008 (Annexure P -2) passed by the Additional District Judge, SAS Nagar, Mohali to allot the plot to them within a period of three months from the said date, i.e. 10.5.2008. The respondents did not respond to the said letter. Thereafter, the petitioners filed an application dated 26.12.2008 (Annexure P -6) under the Right to Information Act, 2005 to know the status of the allotment of the said plot and the steps being taken by the respondents and also to provide the status as to whether the allotment of the plot in question had been cancelled or not. The said application was replied by respondent No.3 on 20.2.2009 (Annexure P - 7) informing that they had challenged the judgment and decree dated 10.5.2008 before this Court. After the dismissal of the appeal filed by respondent No.3, the petitioners again sought information vide application (Annexure P -8) regarding the action taken on the basis of judgment and decree dated 10.5.2008 (Annexure P -2). The petitioners vide letter dated 19.8.2009 (Annexure P -9) informed respondent No.3 about the reference of the judgment and decree dated 10.5.2008 passed by the lower appellate court, SAS Nagar, dismissal of the appeal by this Court and even the SLP preferred by respondent No.2 had got dismissed by the Supreme Court. Thereafter, respondent No.2 vide letter dated 19.1.2010 (Annexure P -10) directed the petitioners to complete the formalities for the allotment of the plot in question. Respondent No.3 asked the petitioners to submit various documents including demand draft of 25% of the cost of the plot. The petitioners completed all the formalities as required by respondent No.3 vide letter dated 19.7.2010 (Annexure P -11). However, vide letter dated 18.1.2011 (Annexure P -12), respondent No.3 informed the petitioners that there is a ban on the allotment of plots in the oustee category and as and when the policy with regard to the allotment would be finalized, they would be allotted the plot. Respondent No.3 thereafter issued a letter of intent for allotment of residential plot No. 855, Sector 77, measuring 100 square yards in Urban Estate, SAS Nagar, Mohali in the oustee category in the draw of lots held on 31.8.2012 vide letter dated 18.4.2013 (Annexure P - 13). The tentative price of the said plot was fixed at Rs. 30 lacs @ Rs. 30,000/ - per square yard and the petitioners were directed to pay 25% of the amount, i.e. Rs. 7,50,000/ - of the above price excluding the amount already deposited within 60 days of the issue of the letter. In response thereto, the petitioners vide letter dated 17.6.2013 (Annexure P -14) deposited a sum of Rs. 6,62,500/ - vide demand draft dated 31.5.2013 after adjusting the amount of Rs. 87,500/ - already deposited by them on 19.7.2010 so as to make the total payment of Rs. 7,50,000/ - being 25% of the amount as per letter of intent dated 18.4.2013. Thereafter, the petitioners moved a representation dated 1.8.2013 (Annexure P -15) to respondents No.2 and 3 stating therein that they were entitled for the allotment of the plot @ Rs. 3.5 lacs as they had deposited 25% of the amount, i.e. Rs. 87,500/ - with respondent No.3 way back on 19.7.2010, i.e., the cost of plot prevailing at that time. Respondent No.3 vide letter dated 3.9.2013 (Annexure P -16) rejected the representation of the petitioners. Hence, the present writ petition.

(3.) UPON notice, respondents No.2 and 3 filed a joint written statement controverting the averments made in the writ petition. It was pleaded that Desa and Garibu sons of Munshi were two brothers and their land in joint khata measuring 16 kanal 12 marlas was acquired.