SATINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this judgment, I will dispose of Civil Writ Petition No. 485 of 1996, Dr. Satinder Pal Singh and Anr. v. State of Punjab and Ors., Civil Writ Petition No. 18126 of 1995, Dr. Sanjay Bansal and Anr. v. State of Punjab and Ors. and Civil Writ Petition No. 1 1819 of 1995 Dr. Satnam Singh Nijjer v. State of Punjab and Ors., as common questions of law and fact are involved in all these three writ petitions.

(2.) For the purpose of facts, I have taken the same from Civil Writ Petition No. 485 of 1996 in which Dr. Satinder Pal Singh and Dr. Satinderjit Kaur, are the petitioners and they have filed the writ petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for the quashment of impugned advertisements Annexures P. 11 and P. 12 whereby the plots for Nursing Home have again been put for allotment by respondents No. 2 and 3. The petitioners, have further prayed that a writ of mandamus may be issued to respondents No. 1 and 2 to allot a plot to the petitioners measuring 1000 sq. yards in Sector 70, Phase-I, S.A.S. Nagar, which was earmarked for the petitioners vide letter Annexure P-4, at the rate calculated earlier on the basis of which an earnest money was deposited by the petitioners.

(3.) The case set up by the petitioners is that both the petitioners are the doctors and they are running a Nursing Home by the name of Chawla Nursing Home in S.A.S. Nagar, District Ropar. Respondent No. 1, State of Punjab in the month of August, 1989, issued a policy regarding the allotment of land for health centres, dispensaries and medical clinics in various urban estates. As per this policy, some plots of reasonable sizes were to be earmarked 'and reserved for setting up of private hospitals, clinic/nursing homes etc. The Director of Housing Department in consultation with the Health Department was to lay down the eligibility criteria for the allotment of these reserved plots and such plots were required to be allotted to the suitable applicants on a reserved price which could be fixed at reasonably concessional level. In pursuance of that policy, Annexure P-1, the respondents invited applications for the allotment of the land to Health Centres. The petitioners submitted their joint application for the allotment of the land in S.A.S. Nagar, Urban Estate, for the purpose of opening of Nursing Home. The application of the petitioners was found in order. On 13.2.1990 the Deputy Director, Housing and Urban Development wrote a letter to Estate Officer, showing his intention to allot 12000 square yards of land to Chawla Nursing Home (petitioners) and in this respect a direction was issued to have 1 per cent of the entire cost at that moment. Immediately, the office of the Estate Officer, sent a demand on 14.2.1990 and the petitioners were told to deposit Rs. 37,200/- as a tentative cost of 10000 square yards which was calculated at Rs. 37,20,000/-. On receipt of the information, the demanded sum of Rs. 37,200/-was deposited by the petitioners vide Bank Drafts favouring Estate Officer and the same was received by the Department. The Director, Hosing and Urban Development, recommended the case of the petitioners to the Chief Town Planner, Punjab for allotment of 1051.93 square yards of land. The Chief Town Planner, vide letter dated 22.3.1990 recommended for the allotment of the plot measuring 1051.93 square yards in Sector-70, S.A.S. Nagar. The petitioners demanded a plot of 12000 square yards instead of 1051.93 square yards as they had already deposited the money. Since the Chief Town Planner was competent to earmark the plots and since the petitioners had already paid one per cent of the earnest money, therefore, according to the petitioners, their offer was accepted by the competent authority on 10.3.1990 for the allotment of the land in question.