RAJINDER GUPTA Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) IN pursuance of an advertisement given in the 'Tribune' by the Chandigarh Administration in the year 1977, the petitioner applied for allotment of an industrial plot in phase -II, Industrial Area, Chandigarh. He also made a deposit of Rs. 1,000/ - alongwith the application within the period prescribed in the advertisement. The petitioner also received a letter from the Estate Officer in March, 1979 that the Chandigarh Administration has decided to fix the rate of land for industrial plots in Chandigarh @ Rs. 35/ - per square yard and the additional earnest money had to be deposited. Accordingly, the petitioner also sent a bank draft for Rs. 2500/ -. Thereafter, he received a communication from the Estate Officer, Chandigarh on 18.9.1979 that the department was considering the claim of the petitioner for allotment of an industrial plot measuring 500 Sq. Yards by draw of lots to be held at Panchayat Bhawan, Sector 18, Chandigarh on 9.10.1979. On 9.10.1979, lots were drawn and the name of the petitioner figured in the lot and plot no 389 was drawn in favour of the petitioner. At the time of draw of lots the authorities told the petitioner that the allotment letter would be issued very shortly. But thereafter, the Chandigarh Administration has not issued any letter of allotment to the petitioner. Notice of the writ petition was issued to the Chandigarh Administration for 16.11.1982 but the Chandigarh Administration has not filed any reply. Thereafter, another advertisement was published in the Tribune on 14.4.1981, inviting fresh applications for allotment of industrial plots. The petitioner approached this Court stating that invitation of fresh applications ignoring the earlier applications is contrary to law and illegal, and as the petitioner has been successful in the draw of lots, he should be allotted an industrial plot. On this writ petition, notice of motion was issued and the matter was adjourned from time to time and finally the writ petition was admitted on 13.12.1982. No interim order had been passed by this Court either staying the fresh advertisement or allotment of plots or reserved any plot for the petitioner in case of his success in the writ petition. Nearly 14 years lapsed after filing of the writ petition. At this stage, it is not known whether any plot is available with the Chandigarh Administration to be given to the petitioner. No body appeared on behalf of the Chandigarh Administration in this petition. On the facts and circumstances of the case. I feel that a direction can be issued to the respondents to consider the application of the petitioner for allotment of an industrial plot, if any plot of any size is available and if the petitioner is willing to take such plot on such conditions as may be inforce as on today for allotment of any industrial plot. With this direction, the writ petition is disposed of.