DALJIT KAUR NARAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition disposes off C. W. P, Nos. 9800, 9984, 9933 and 10005 of 1988 and 9199 of 1991.

(2.) THE petitioner Daljit Kaur was allotted Flat No. 13-FF in 5. 53 Acres Scheme of Improvement Trust, Ludhiana, vide allotment Memo dated 26th August, 1987 (Annexure P-l to the petition ). In the said scheme, it was provided that the cost of the flat would be Rs. 1,40,000.00, out of which, Rs. 50,000.00 was to be payable within 30 days of the issuance of the allotment letter and the remaining amount would be recovered in 120 monthly instalments with interest @ 10% p. a. It appears that the petitioner was unable to pay Rs. 50,000.00 in terms of Annexure P-l and subsequently moved an application before the Chairman of Improvement Trust, Ludhiana-respondent No. 3, seeking permission to deposit Rs. 50,000.00 by instalments. Permission was given to the petitioner and it was directed that the first instalment of Rs. 10,000/would be deposited by 16th September, 1987, whereas the balance amount of Rs. 40,000.00 would be deposited by the end of 1987. The Improvement Trust also entered into an agreement for sale in form 'd' (Annexure P-2) and in the said agreement, it was recited that the deposit would be made in the instalments and that the allotment was being made pursuant to an application that had been made by the petitioner. It is the admitted case that the petitioner was unable to deposit the total amount of Rs. 50,000.00 by the end of 1987, although in para 4 of the petition, it has been averred that certain other deposits has also been made right up to the years 1988. The petitioner further pleaded that after getting possession of the flat which was delivered immediately on the execution of the document Ex. Pl, she spent Rs. 40,000.00 for making the flat habitable by fixing 13 doors, 32 windows and furnishing the bath rooms etc. The petitioner has further stated that on 19th April, 1988, the Joint Secretary, Local Government, Punjab, issued a notice to her Under Section 72-E of the Punjab Town Improvement Act, 1922 (hereinafter called 'the Act') requiring her to show cause as to why the allotment order dated 26th August, 1987 Annexure P-l be not cancelled. In this notice, it was pointed out that the allotment order was liable to be cancelled on the four grounds :

(3.) NOTICE was issued in this case on 1st November, 1988 and it was directed that the petitioner would not be dispossessed till further order. This petition was admitted on 13. 2. 1989 and the interim order was directed to continue and that order is continuing since then.