LAWS(P&H)-2016-1-605

GMADA Vs. STATE OF PUNJAB AND OTHERS

Decided On January 27, 2016
Gmada Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) The Greater Mohali Area Development Authority (GMADA) assails the orders dated 20.3.2012 and 23.12.2010 (Annexure P-26 and P-25 respectively). Vide these orders, the Appellate Authority set aside the order of cancellation of allotment of house HIG-700 Phase IX, SAS Nagar, Mohali, (GMADA) and the revision petition preferred by GMADA was also dismissed by State Government in exercise of its powers under Section 45 (8) of the Punjab Regional and Town Planning and Development Act, 1995 (for short 'the 1995 Act').

(2.) The allotment of the dwelling unit was cancelled as the allottee failed to deposit the due instalments despite show cause notices. The Appellate Authority, however, accepted the claim of the attorney of original allottee on the plea that even after cancellation of allotment the Estate Officer had shown inclination to restore the allotment on deposit of penalty of Rs.5,59,100/-. It may be mentioned here that allotment-price of the house was Rs.1,70,172/- only. Attorney of the allottee deposited the penalty amount and having found that as against the total price of Rs.1,70,172/- the allottee/his attorney had paid Rs.8,31,164/-, that the Appellate Authority allowed the appeal and restored the allotment vide order dated 23.12.2010.

(3.) Gmada preferred a revision petition which was dismissed vide order dated 20.3.2012 by an officer exercising the powers of Revisional Authority under Section 45(8) of the 1995 Act.