LAWS(P&H)-2019-11-99

HARDEV SINGH SIDHU Vs. STATE OF PUNJAB

Decided On November 14, 2019
Hardev Singh Sidhu Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Petitioner Hardev Singh Sidhu has approached this Court by way of filing the present petition for quashing of impugned orders dated 12.02.2015 (Annexure P-4) passed in the revision petition; 07.12.2011 (Annexure P-2) passed by the Additional Chief Administrator, GMADA, Mohali as well as 10.12.2010 (Annexure P-1) passed by the Estate Officer, GMADA, Mohali, whereby request of the petitioner for allotment of plot and transfer has been declined. A further prayer has also been made for direction to the respondents to allot plot measuring 500 square yards by transferring the application in favour of the petitioner.

(2.) Briefly, the facts of the case as made out in the present petition are that one Joginder Kaur Arora applied for a plot measuring 500 square yards in the year 1984. She completed all formalities for allotment of plot and plot was to be allotted to her by putting her application in the draw of lots. However, vide letter dated 22.06.1994, the Estate Officer informed her to submit option for allotment of plot in Sector 70, Mohali at the rate of Rs.1200/- per square yards. Thereafter, she was given another chance to become eligible for preferential allotment in new Sectors 67, 68, 69 of SAS Nagar, Mohali. She was asked to deposit an amount of Rs.60,000/-. Said amount along with the requisite affidavit was deposited. She also gave option for allotment of plot in Sectors 67, 68 and 69 of SAS Nagar, Mohali. Thereafter, Joginder Kaur Arora submitted an application dated 19.07.1994 along with all relevant documents for transfer of the plot in favour of the petitioner and also deposited transfer fee. As per case of the petitioner, much time was passed after completing the formalities but plot was not allotted to him. He was asked to produce original applicant Joginder Kaur Arora along with certain documents. However, the petitioner appeared himself and not Joginder Kaur Arora. He also furnished indemnity bond in response to public notice which was issued on 17.04.1997. Petitioner made representation stating that all the formalities were completed but nothing was communicated to him. He also got served a legal notice upon the respondent-authorities but still nothing was done. Petitioner filed a petition before the learned Additional Chief Administrator who disposed of the same with the direction to consider the grievance of the petitioner by passing a speaking order. Thereafter, order dated 10.12.2010 was passed and claim of the petitioner was rejected on the ground that the original applicant did not give her consent and she did not come present for confirmation of transfer application. Thereafter, petitioner filed appeal before Additional Chief Administrator against order dated 10.12.2010. Said appeal was dismissed on 07.12.2011. Aggrieved by the order dated 07.12.2011 passed by the appellate authority, the petitioner filed revision before the Special Secretary, Department of Housing and Urban Development, which was also dismissed vide order dated 12.02.2015.

(3.) All the above mentioned orders dated 10.12.2010, 07.12.2011 and 12.02.2015 are subject matter of challenge in the present petition.