VINOD KUMAR SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of two Civil Writ Petitions 2468 and 2942 of 1997 in which common questions of law and fact arise. For the sake of convenience facts are being taken from CWP 2468 of 1997.

(2.) On March 29, 1990 the then Directorate of Housing and Urban Developmet Department, Punjab invited applications for allotment of plots in Sector 32-A, Samrala Road, Urban Estate, Ludhiana. The sixes and the approximate number of plots were given in the advertisement. It was mentioned that the allotment would be made by the government through draw and lots. No price was fixed at which the plots were to be allotted. Petitioners applied for the plots in pursuance to this advertisement and their applications were registered and each one was given a registration number. The first draw of lots was scheduled to be held on 18-12-1991 but before this date the Punjab Housing Development Board, Chandigarh fixed Rs. 1200/- per sq. yard as the price of the plots. The applicants including the petitioners objected to the fixation of this rate as according to them it was highly excessive. Since a large number of objections were filed, the Board and the State Government started reconsidering the matter as a result of which the draw of lots which was scheduled for 18-12-1991 was postponed. The Board reconsidered the matter in consultation with the State Government and decided that the price of Rs. 1200/- per sq. yd. could not be reduced but some other terms of allotment (with which we are not concerned) were liberalised. The Board took a unilateral decision that at least one residential sector would be floated every year and that till all the applicants who had applied in response to the advertisement are offered plots, it will not invite any new applications. Being still dissatisfied with the price of Rs. 1200/- per sq.yd., some of the applicants challenged the same in writ petitions filed in this Court which were dismissed. Thereafter, a draw of lots was held in December, 1992 but the petitioners remained unsuccessful. All the unsuccessful applicants remained registered with the respondents and another draw took place in July, 1994 but in this draw as well, the petitioners did not have any luck. Meanwhile, the Punjab Regional and Town Planning and Development Act (11 of 1995) was enacted by the State Legislature and the Punjab Urban Planning and Development Authority (for short PUDA) was established and constituted under Section 17 thereof for the purpose of promoting and securing better planning and development of any area in the State. This authority took over the development works earlier undertaken by the Punjab Housing Development Board. PUDA then published a public notice in the daily 'Tribune' dated 4-12-1996 informing the registered applicants of Sector 32-A and two other sectors of Samrala Road, Urban Estate, Ludhiana that few plots of various sizes were available for allotment and that the reserve price of those plots had been fixed at Rs. 2,000/- per sq. yd. They were also informed that a draw of lots would be held on 23-12-1996 in PUDA Complex at Ludhiana. Only those applicants were included in the draw who had opted in 1992 to accept the allotment at the rate of Rs. 1200/- per sq.yd. The applicants were also informed that after the draw of lots, the unsuccessful applicants would be refunded their earnest money. Petitioners challenged that notice by filing C.W.P. 19838 of 1996 on 20-12-1996 which came up for hearing on 2-1-1997. During the intervening period, the draw of lots took place on 23-12-1996 but the petitioners were again unsuccessful. They withdrew the writ petition with liberty to file a fresh one. PUDA against published a public notice informing the applicants that another draw of lots would be held on 27-2-1997 at 11.30 AM and that the price of the plots would be at the rate of Rs. 2,000/- per sq. yd. The applicants were informed that after the draw of lots the earnest money of the unsuccessful applicants shall be refunded. It is against these notices that the present petitions have been filed challenging them primarily on the ground that PUDA cannot refund the application money of the petitioners who were registered applicants since the year 1990 and that PUDA cannot raise the price of the plots and consider the claims of others till all the applicants like the petitioners are offered the plots. Reference in this regard is made to the decision taken by the Punjab Housing Development Board, referred to in the earlier part of the order.

(3.) In the written statement filed by the Estate Officer, Punjab the material facts as stated by the petitioners have not been disputed. The action of PUDA in refunding the amount to the unsuccessful applicants is sought to be justified on the ground that in Ludhiana Town there has been no new acquisition of land for the past few years and there is a bleak possibility of any further acquisition though the need for housing in the town has grown manifold particularly keeping in view that in the three draws held in December 1992, June 1994 and December 1996, no fresh applications were invited and the petitioners and other similar applicants given the exclusive right of consideration in the draw of lots. It is submitted that in view of the growing need of the public, it is not possible to offer plots only to those who applied in 1990 and not to consider the claim of others.