PARSHOTAM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS writ petition is filed to quash the order of the 2nd respondent dated 8. 1. 1973 vide annexure P-2 resuming the plot No. 56 in New Mandi Township, Bhawanigarh.

(2.) A shop bearing plot No. 56 situated in New Mandi Township, Bhawanigarh was auctioned on 13. 11. 1968 by the Administrator in favour of the petitioner as he was the. highest bidder for a consideration of Rs. 10,000/- and on the date of auction, he paid 25% of the bid amount i. e. Rs. 2500/ -. According to the terms and conditions of the allotment letter dated 1. 9. 1969, the petitioner has to pay the balance amount in six of half yearly instalments with 5 per cent interest. According to the petitioner, the proper amenities like pacca roads and other facilities are not provided and the 2nd respondent at the time of auction informed that pucca roads and other facilities would be provided and no further amount shall be levied or recovered from the allottees. But the roads, street light, water supply and auction platform and drainage having not been provided and due to some other unavoidable circumstances, the petitioner could not deposit the instalments according to the terms and conditions of allotment letter dated 1. 9. 1969. Thereafter the 2nd respondent passed the order of resumption dated 8. 1. 1973 vide Annexure P-2 and on coming to know about the order of resumption, the petitioner filed an appeal before the Commissioner, Patiala, which was dismissed. Meanwhile Section 13 of Punjab New Mandi Township (Development & Regulation) Act, 1960 which provides for resumption was struck down by this Court in Dharam Pal v. State of Punjab, 1978 P. L. J. 396. As the said section was struck down, the petitioner did not feel the necessity of challenging the order of resumption. Thereafter the state of Punjab brought an amendment to the Punjab New Mandi Township (Development and Regulation Amendment and Validation) Act, 1981. The provisions of amending Act were given retrospective effect from 1. 11. 1966 except the provisions of Sections 6, 8 and 9 of the amending Act which came into force on 2. 7. 1981. According to the petitioner the proceedings of resumption were taken under Section 13 of the Original Act and as the said Section was struck down being ultra vires, therefore the order of resumption cannot stand.

(3.) ADMITTEDLY , the plot bearing No. 56 in New Mandi Township and Bhawanigarh was auctioned on 13. 11. 1968 and the petitioner became highest bidder. He paid 25 per cent of the bid amount and was required to pay the balance amount in six half yearly instalments. Even according to the petitioner, he did not pay the instalments and the plot was, therefore, resumed under the Township (Development and Regulation) Act, 1960 (hereinafter referred to as the Act ). Section 13 of the Act reads as follows :- "13. Forfeiture for breach of conditions of transfer :