SANGAT SINGH Vs. UNION TERRITORY CHANDIGARH AND ANOTHERS

JUDGEMENT

(1.) THE Chandigarh Administration some -time in the end of year 1968 framed a scheme for the allotment of plots in Sector 38 as also in other developed Sectors for the Indians settled abroad. This scheme is stated to have been framed under Section 3(1) of the Capital of the Punjab (Development and Regulations) Act, 1952 (hereinafter called the Act). The scheme (Annexure P1) is in the following terms:

(2.) Having not been informed of the decision of the Government for another three months, the Petitioner wrote letters dated October 10, 1971 (anneXure P12) and dated March 7, 1973 (anneXure P14) and was ultimately informed by Respondent No. 2, vide memorandum dated September 3, 1974 (anneXure P15) that a plot of one kanal was proposed to be allotted to him in Sector 38 at the rate of 104 per square yard and that the allotment will be on lease -hold basis and besides premium, ground rent shall be charged. It was further mentioned in this memorandum that the rate of Rs. 104/ - per square yard was subject to alteration in case another auction was held before actual allotment of the plot to the Petitioner. The Petitioner then submitted a representation dated September 28, 1974 (anneXure P 16) to Respondent No. 2 who vide memo dated November 23, 1974 (anneXure P 17) informed the Petitioner that a plot cannot be allotted to him at the rate of Rs. 33.60. The Petitioner then saw the Chief Commissioner who refused to intervene. It is against this attitude of Chandigarh Administration and the impugned order (anneXure P. 15) that the present writ petition has been filed.

(3.) Return has been filed on behalf of the Chandigarh Administration wherein a preliminary objection has been taken that no legal right of the Petitioner has been infringed and, therefore, this petition is not competent. It is stated that the sale of plots by the Chandigarh Administration to any party is a matter of contract; that the application for allotment of the plot made by the Petitioner was only an offer to purchase a certain plot at a certain price and that the Chandigarh Administration was within its right to accept or reject the offer.