SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are the holders/owners of the residential plots in residential Phase VII of the Urban Estate of Sahibzada Ajit Singh Nagar (S.A.S. Nagar) (Mohali), district Ropar, set up under the Punjab Urban Estates (Development and Regulation) Act, 1964. The petitioners claim that they were attracted by the lay out plan of Phase VII which was prepared by respondent No.4 under Rule 3(xxxi) of the Punjab Urban Estates (Development and Regulation) Rules 1974 (hereafter referred to as the Rules). The petitioners have appended with the petition plan Annexure-P.1 which they claim to be the lay out plan. In Annexure-P.1, a piece of land marked in red is shown as kept reserved for Primary and Higher Secondary Schools and the land marked in green was kept for Community Centre. The petitioners claim that they were burdened with cost of the said reserved land marked in red and green while fixing the sale price of the plots allotted to the plot-holders. They consented to the allotment of the plots keeping in view the amenities to be provided to them as per plan Annexure-P.1. A meeting was held on 27-5-1980 in the room of Secretary to Government Punjab, Local Government and Urban Development Department (S.L.U.D.) regarding allotment of land to religious/social/educational institutions in the said urban estate, the proceedings of the meeting were issued vide memo dated 12-6-1980, Annexure-P.2. In this meeting, it was decided to allot the site kept for the Community Centre marked green to Shri Radha Swami Satsang Bhawan and the site marked red to Simla Chandigarh Diocese Society for setting up Charch and Convent School.

(2.) The petitioners have challenged the legality and validity of the decision as comprised in the minutes of the meeting issued vide Annexure-P.2. According to them the value and utility of their plots have dimnished because of the decision Annexure-P.2. The lay out plan of Phase VII has been changed after a long period of 5 years; the petitioners are in need of the amenities like Community Centre and Primary and Higher Secondary Schools as provided in Annexure-P.1; and that the decision Annexure-P.2 would cause a lot of inconvenience to the residence of Phase VII as the sites reserved for Primary/Higher Secondary Schools and Community Centre have been taken away by the respondents without providing such amenities anywhere in Phase VII. They contend that Phase VII which is spread over an area of 275 acres shall have about 2000 houses with a population of about 50,000 persons, but that has been left without a Community Centre and a Primary and Higher Secondary School; they alleged that they purchased the plot on the basis of attraction given in plan Annexure-P.1; they plead promissory estoppel against the State of Punjab and contend that the respondents are bound in law to honour the commitment made in Annexure-P.1, the land for the School buildings and the Community Centres was to be provided to the Education Department and Social Welfare Department free of costs for establishment of schools and the Community Centres.

(3.) The petition has been contested by the respondents as also by the added respondents including Shri Radha Swami Satsang Bhawan and some plot holders in Phase VII who were added as respondents on their application under Order 1 Rule 10, Civil Procedure Code.