PUNEET SINGH Vs. SPECIAL SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, GOVERNMENT OF PUNJAB, PUNJAB MINI SECRETARIAT, SECTOR 9, CHANDIGARH

JUDGEMENT

(1.) The petitioner has sought a writ of certiorari to quash an order dated 28.10.2013 passed by the Estate Officer, Greater Mohali Area Development Authority, (GMADA) resuming the property allotted to him and orders dated 12.02.2014 and 11.12.2014 passed by the Additional Chief Administrator, (GMADA) and the Special Secretary, Department of Housing & Urban Development, Government of Punjab dismissing his appeal and revision application. The orders resumed the property and forfeited 10 per cent of the consideration paid by the petitioner. The resumption order has attained finality. The only issue that remains is whether the entire amount of 10 per cent is liable to be forfeited or not.

(2.) Our conclusions in a nutshell are as follows: Section 45(3) of the Punjab Regional and Town Planning and Development Act, 1995 as it stood prior to 5.12003 applies to the petitioner's case. The Estate Officer was entitled to forfeit an amount upto 10 percent of the consideration meaning thereby, he had the discretion to forfeit an amount less than 10 percent and that he is bound to exercise this discretion. The Estate Officer, however, forfeited an amount of 10% apparently in view of section 45(3) as amended on 05.12003. The appellate and the revisional authority proceed on the same basis. We have, therefore, set aside the orders and directed the revisional authority to determine the amount to be forfeited after considering all facts of the case.

(3.) The Greater Mohali Area Development Authority (GMADA) held an open auction on 21.11.2011. The petitioner's bid of about Rs. 71 crores being the highest was accepted. An allotment letter dated 09.02.2012 was issued by GMADA in favour of the petitioner. The relevant clauses of the allotment letter dated 09.02.2012 read as under:-