REXO INDIA Vs. DIRECTOR OF INDUSTRIES, PB CHD

JUDGEMENT

(1.) The petitioner applied for allotment of an industrial plot at Focal Point Phase V, Dhandari Kalan. Although with the application he also sent a draft for Rs. 1,000/- on 20.4.1971. The petitioner was allotted plot No. D-71, measuring 250 sq. yards at Industrial Focal Point Phase V, Dhandari Kalan, on 99 years lease hold basis vide Annexure P-1. The tentative price of the plot was calculated as Rs. 55,000/-. This price was subject to adjustment when the works were completed and closed finally. A sum of Rs. 11,000/-, being 20% of the amount of premium-price of the plot was payable within a period of 30 days from the date of allotment. The petitioner had deposited Rs. 1,000/- along with the application and paid Rs. 11,000/- thereafter on 23.12.1975 at the time of allotment. Since the petitioner did not pay the balance of the instalments within the stipulated period of time, the Punjab State Small Industries & Export Corporation Limited respondent No. 2 cancelled the said allotment vide order dated 11.6.1980 and also forfeited the amount of Rs. 11,000.-. Thereafter, the petitioner approached the Managing Director of the Corporation, who ordered that a sum of Rs. 44,000/- be paid and the plot be restored. Accordingly, the petitioner deposited a sum of Rs. 44,000/- towards the price of the plot. The Corporation, vide letter dated 2.12.1981 admitted having received a sum of Rs. 44,000/-. In this letter it was also mentioned that a balance of Rs. 3,889/- plus a sum of Rs. 3,300/- is still outstanding and the same may be remitted by bank draft. Copy of the letter has been filed as Annexure P-2. Thereafter, the petitioner on 17.12.1981 received a letter from the Estate Officer of the Corporation that a sum of Rs. 14,801/- be deposited towards the full and final payment of the outstanding dues before 31.1.1982. Copy of the letter is Annexure P-1. In compliance thereof, the petitioner deposited a sum of Rs. 14,801/- on 29.1.1982 through bank draft. Copy of the letter along with the draft is Annexure P-4. The Corporation vide their letter Annexure P-5 admitted having received a sum of Rs. 14,801/- by bank draft dated 29.1.1982 but surprisingly in this letter that is, Annexure P-5, another demand of Rs. 9,856/- was put forth which according to the petitioner was illegal and against the contents of their letter Annexure P-3. On 17.3.1982, the petitioner again wrote a letter to the Corporation that as desired, the factory building plan in 12 copies along with Form BR-1 and Form II in duplicate are being sent for approval and that the plan should be sent to the petitioner after approval to enable it to start the Construction of the factory building. Copy of the letter is Annexure P-6. Again, on 12.10.1983, a request was made to the Corporation to deliver possession of the plot to the petitioner vide Annexure P-7. However, when the petitioner visited the office of the Corporation personally on 11.5.1984, to require as to whether the building plan submitted by him have been approved or not, at that time, to his utter surprise, he was informed that since a balance of Rs. 9,856/- had not been paid the said plot had been allotted to respondent No. 3 on 15.12.1983, vide letter copy Annexure P-8. It is this letter of allotment in favour of respondent No. 3 which has been challenged by the petitioner in this writ petition, inter alia on the ground that the petitioner having complied with the directions contained in Annexure P-3, it did not lie in the mouth of the Corporation to further raise illegal and unjust demand of Rs. 9,856/-. The price of the plot has not been changed and the basis or the formula how this amount has been arrived at has not been informed to the petitioner. Once the said industrial plot D-71 has been allotted to the petitioner, the Corporation had no power to allot the same to respondent No. 3.

(2.) It has been stated at the bar that earlier with respect to the stay-matter the matter had gone to the Supreme Court where on 8.9.1982 the Supreme Court in Petition for Special Leave to Appeal (Civil) No. 6645 of 1985, ordered that if any plot is available in areas A and B, one plot may be reserved until further orders. In pursuance of the said order of the Supreme Court in a meeting of the Allotment Committee held on 12/14.8.1985, in the presence of the Director of Industries, Punjab and the Managing Director of the Corporation and others, vide item No. 18, which was to consider allotment of only industrial plots in Industrial Areas A and B, Ludhiana, it was resolved that "as per direction of the Supreme Court, a plot measuring 2425 sq. yards has not been allotted which will be done after the final decision of the Supreme Court". In other words one plot measuring 2425 sq. yards is still lying unallotted in view of the Supreme Court order.

(3.) Learned counsel for the petitioner submitted that since the said plot has been reserved by the Allotment Committee, it may be allotted to him on the reserve price prevalent in the year 1975 when the plot in dispute number D-71 was allotted to him. The balance amount if any will be paid by the petitioner.