LAWS(P&H)-2016-1-193

PRITPAL SINGH Vs. GMADA AND ORS.

Decided On January 06, 2016
PRITPAL SINGH Appellant
V/S
Gmada And Ors. Respondents

JUDGEMENT

(1.) The petitioner participated in an open auction and purchased the commercial site SCF No. 14, Sector 63, SAS Nagar Mohali. The site was allotted to him vide allotment letter dated 26.05.2009 (P1) for the sale price of Rs. 3.53 crore. In the allotment letter, names of two more persons, namely, Ankush Sood and his wife Saloni Sood were also added as co -allottees. The petitioner deposited 25% earnest money and vide his letter dated 30.10.2009 pointed out the mistake regarding addition of the above named two more persons as his co -allottees. The authorities vide memo dated 03.03.2010 (P2) corrected the mistake and informed the petitioner that the names of Ankush Sood and Saloni Sood have been deleted from the allotment letter and that "therefore, you shall be the sole allottee of the site".

(2.) After three years, the petitioner made a written request on 18.03.2013 to surrender the site and sought refund of the amount deposited by him. His request was accepted vide order dated 22.03.2013 (P3) and he was permitted to surrender the site but 10% of the allotment price together with interest and penalty was forfeited in purported exercise of powers under Sec. 45(3) of the Punjab Regional & Town Planning & Development Act, 1995.

(3.) The aggrieved petitioner filed statutory appeal which was declined by the Chief Administrator. He thereafter filed a revision petition before the State Government which has also been turned down vide order dated 01.01.2015 (P8). The above mentioned orders are now assailed in this writ petition.