BHUPINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The question in issue in the present writ petition is whether the petitioners are liable to pay extension fee in respect of plot No. 323, Urban Estate Phagwara measuring 500 sq. yards.

(2.) The aforementioned plot was allotted to one Sh. Kuldeesh Kumar by way of open auction held in accordance with the provisions of the Punjab Urban Estates (Development and Regulation) Act, 1964 and Rules framed thereunder. Allotment letter dated 11.10.1981 was issued in his favour. An incomplete copy of the allotment letter has been placed on record as Annexure P-1. Said Sh. Kuldeesh Kumar sold the plot to one Sardar Tara Singh Ghog and his wife Swarn Kaur on 18.12.2002. After death of Sardar Tara Singh Ghog, his share was inherited by his two sons, who executed a General Power of Attorney dated 16.12.2005 in favour of Harbhajan Singh Hayer son of Ralla Singh @ Naranjan Singh. The petitioners entered into an agreement to sell dated 22.09.2006 with the owners of the plot through their General Power of Attorney Harbhajan Singh Hayer. However, sale deed was not executed in accordance with the terms of the agreement to sell which necessitated filing of a suit for specific performance by the petitioners. The suit was decreed vide judgment and decree dated 05.09.2011 and pursuant thereto sale deed dated 12.07.2013 was executed in favour of the petitioners through the Court. Soon thereafter, the petitioners submitted application dated 06.08.2013 for change of ownership whereupon a notice dated 19.08.2013 was served upon them directing them to show cause why the property be not resumed as the sale deed had been executed without taking prior permission from the concerned authorities. The petitioners submitted their reply that prior permission was not necessary to be taken as the sale deed was executed through the Court on the basis of a decree for specific performance and that the concerned authorities, being parties to the suit, were aware of the relief being sought by the petitioners which was never objected to during the pendency of the suit. Vide letter dated 28.10.2013 issued by the Estate Officer, Jalandhar Development Authority, transfer in favour of the petitioners was approved and extension fee was waived. On 23.04.2015, the petitioners applied for No Objection Certificate from the competent authority to enable them to sell the plot. On receipt of the application, the record of the plot was examined and it was realized that extension fee on account of non-construction was due and that the same had been illegally waived vide order dated 28.10.2013. Thus, the matter was referred to the Chief Administrator, Jalandhar Development Authority for revising the order dated 28.10.2013 in exercise of suo moto powers. The petitioners were issued notices and reply dated 15.07.2015 was filed on their behalf. After hearing the petitioners as well as the Estate Officer, the Chief Administrator set aside order dated 28.10.2013 vide his order dated 20.10.2015. Consequently, vide letter dated 20.11.2015, demand of Rs. 17,47,943/- was raised against the petitioners on account of extension fee upto 31.10.2015. The petitioners challenged order dated 20.10.2015 before the State Government through a petition under Section 45(8) of the Punjab Regional and Town Planning and Development Act, 1995 (hereinafter referred to as 'the Act'). The revision petition was dismissed vide order dated 27.10.2016 and vide letter dated 10.05.2017 demand of Rs. 22,83,558/- was raised on account of extension fee upto 30.06.2017. It appears that a review petition seeking review of order dated 27.10.2016 was filed but its outcome is not clear from the record. A consumer complaint was filed on 26.09.2018 which was dismissed as withdrawn vide order dated 01.10.2018 with liberty to avail the alternative remedy in accordance with law. Thus, the present writ petition was preferred.

(3.) Through a miscellaneous application, the petitioners have placed on record the Punjab State Litigation Policy, 2010 as well as the Punjab Dispute Resolution and Litigation Policy, 2018. The powers and duties of various officers of the Jalandhar Development Authority have also been annexed alongwith the said policies.