LT COL J S GOSAL Vs. JASKARAN KAUR

JUDGEMENT

(1.) FACTS giving rise to this contempt petition may in brief be noticed thus:

(2.) PETITIONER was allotted one kanal plot in the Urban Estate of Jalandhar and in pursuance of the allotment, he deposited 25% of the total price of the plot as fixed by the Estate Officer, in the year 1977. Despite repeated requests, the petitioner was not intimated the number of the plot allotted to him. He was also not delivered the possession thereof. In action of the authorities to either intimate the number of the plot or to deliver possession thereof, forced the petitioner to file a writ petition being C.W.P. 3634 of 1983. This writ petition was finally allowed by J.L. Gupta, J. by order dated 6.5.1994 (reported as, 1994 3 PLR 214). The respondents were directed to allot and hand over the possession of one of the five available one kanal plots to the petitioner and this was ordered to be done within two months from the date of receipt of a copy of the order. Petitioner after the decision of the writ petition deposited the remaining 75% of the price of the plot vide bank draft No. 350546 dated 1.6.1994 drawn on Syndicate Bank, Chandigarh and payable at Jalandhar which was duly received and acknowledged by the authorities. Feeling aggrieved by the order of the learned Single Judge, the respondent -authorities filed Letters Patent Appeal, which was dismissed on 7.7.1994 in limine. The petitioner was ultimately issued allotment letter vide which he was allotted residential plot 605, measuring 500 sq. yards in Phase -I, Urban Estate, Jalandhar. The tentative price of the plot was fixed at Rs. 6,00,000/ - calculated at the rate of Rs. 1200/ - per sq. yard. This price was also subject to variation with reference to the actual measurement of the site as well as subject to enhancement of, compensation by the courts or otherwise. The petitioner was required to send his acceptance by registered post along with an amount of Rs. 1,23,000/ - within 30 days from the date of issue of the allotment letter, which amount together with an amount of Rs. 27,000/ - paid by him earlier would constitute 25% of the total tentative price. The balance amount of Rs. 4,50,000/ - of the tentative price of the plot was required to be paid in lump sum without interest within 60 days from the date of issue of the allotment letter or in six annual equated instalments with interest at the rate of 10% per annum. The amounts of six equated instalments payable with interest @ 10% per annum were indicated in the letter of allotment, a copy of which is Annexure P -4 to the contempt petition. The petitioner represented against the arbitrary increase in the price of the plot and prayed that the increase was in violation of the order of the Court and it amounted to wilful disobedience thereof and should be withdrawn. The further case of the petitioner is that when he met respondent No. 1 in her office to air his grievance, he was asked by her to pay the entire amount, otherwise allotment of the plot would be cancelled. The petitioner received a letter dated 11.10.1994 issued by respondent No. 1 pointing out that as per condition No. 3 of the allotment letter, 25% of the price of the plot was to be deposited within 30 days, which had not been done. Petitioner was required to show cause as to why the plot be not forfeited. A copy of the said letter is appended to the petition as Annexure P -6. Even personal visit of the petitioner to respondent No. 1 did not bear any fruit. The petitioner was, however, granted time uptil 15.11.1994 to make the payment with a clear understanding that if the amount is not deposited the plot allotted to him would be forfeited. The action of the respondents in asking the petitioner to pay a sum of rupees six lacs subject to further enhancement led him to file this contempt petition, praying that the respondents be dealt with for willful disobedience of the order passed by this Court, under the Contempt of Courts Act.

(3.) RESPONDENT No. 1 in her reply admitted that the petitioner deposited a sum of Rs. 6750/ - in the year 1977 for allotment of one Kanal plot at Jalandhar and that in view of the decision in the writ petition filed by the petitioner, he was issued an allotment letter 7147 dated 22.8.1994, but he failed to comply with the conditions mentioned therein. As per the averments made by respondent No. 1 in her reply, allotment was to be made at the present prevailing rate i.e. at the rate of Rs. 1200/ -per sq. yard whereas the petitioner had sent a draft in the sum of Rs. 20,250/ - plus Rs. 6750/ - only. The petitioner wilfully failed to deposit the required balance amount. In para 9 of the reply, it has been stated that the petitioner has been allotted a one -kanal plot as per the orders of this Court and that the plea of the petitioner regarding the rate of Rs. 55/ - per sq. yard was absolutely wrong, illegal, unwarranted and unconstitutional. The price of the plot is to be charged from the allottee as per the prevailing rates at the time of issuing allotment letter. It is further stated that even in many other such cases where the applications were made by the persons in the year 1977 and their names were put in the draw in the year 1994, such successful applicants were allotted plots at the present prevailing price of Rs. 1200/ -per sq. yard and all of them have paid the same. Issuance of allotment letter in August, 1994 to the petitioner on the conditions stated therein was admitted by respondent No. 1. On the failure of the petitioner to pay 25% of the price of the plot within 30 days, he was given another opportunity to appear in person and ultimately time was extended upto 15.11.1994. The petitioner has, however, failed to deposit 25% of the price of the plot despite letter dated 11.10.1994, having been written to him by ders of this Court have been complied with and question of willful disobedience there of does not arise. In the aforesaid situation, it was prayed that the Contempt petition be dismissed and the petitioner be directed to deposit the balance amount as per the conditions contained in the allotment letter.