BHAGWANT LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for quashing orders dated 10.4.2007 (P-9), 7.10.2004 (P- 5/T) and 29.2.1984 (P-2) cancelling the allotment of House No. HE-89 (Ground Floor), Phase-V, Mohali. A further prayer has been made for restoration and regularization of the allotment of the aforesaid house in favour of the petitioners being the L.Rs of the original allottee (since deceased).

(2.) BRIEF facts of the case are that the mother of the petitioners, namely, Smt. Kanta Chaudhary, was allotted a built up House No. HE-89, Phase-V, Mohali by the Punjab Housing Development Board, Chandigarh (for short 'PHDB'), now Greater Mohali Area Development Authority (for brevity, 'GMADA'), vide allotment letter dated 30.9.1975 (P-1). The tentative cost of the house was Rs. 15,000/-. An amount of Rs. 1,400/- was deposited as earnest money and the allottee was to pay Rs. 2,750/- to make up 25% of the price of the house within 30 days of the issuance of allotment letter. The balance 75% of the cost of the house was payable through monthly installments of Rs. 105.50 (inclusive of interest) each in 20 years.

(3.) IT is apposite to mention here that the allotment of built up house in question was governed by the provisions of the Punjab Housing Development Board Act, 1972 (for brevity, 'the Act') and cancellation orders were also issued under the said Act. Since neither any Rules under the Act were framed nor was there any provision for filing an appeal in the Act, therefore, with a view to regulate the cases of cancellation, the PHDB in its meeting held on 31.1.1985 took a decision vide Resolution No. 72.06 that cancellation can be revoked on payment of all the dues with interest etc. and litigation charges of Rs. 400/-.