SURINDER SINGH BAINS Vs. UNION TERRITORY OF CHANDIGARH

JUDGEMENT

(1.) Wing Commander Shri Surinder Singh Bains, has filed the present Civil Writ Petition under Articles 226/227 of the Constitution of India against the Union Territory, Chandigarh praying for the issuance of a writ of certiorari quashing the orders/directions Annexure P-2 and P-4. The petitioner has further prayed that a writ in the nature of mandamus be issued directing the respondent to refund the amount of Rs. 3,11,308.00 with interest which the petitioner was forced to deposit as a condition precedent for permission to transfer his plot No. 2573 Sector 35-C, Chandigarh, as the order is illegal, without jurisdiction, arbitrary and amounts to infringement of Articles 14 and 19, 265 and 300-A of the Constitution.

(2.) The case set up by the petitioner is that he applied for the allotment of a residential plot at Chandigarh with the respondent vide his application dated 27.1.1967 and he was allotted Plot No. 2573 Sector 35-C, Chandigarh. The approximate area of the plot was 1039.18 square yards and it was allotted to him vide allotment letter dated 1.6.1967 at the reserved price of Rs. 16,627/-. This residential plot was allotted on free hold basis. The possession was delivered to the petitioner and a condition was imposed vide which the petitioner could not sell, mortgage or otherwise transfer the title or interest for a period of 10 years except with the permission of the respondent.

(3.) In the year 1987, the petitioner thought to sell the said property and he sent his intention to the respondent and a permission was sought from the respondent to sell the aforesaid property. In response to the petitioner's intention, the respondent sent letter, dated 12.10.1989 stating that the petitioner could be granted the permission provided he deposits Rs. 3,11,308/-. This amount of Rs. 3,11,308/- constitutes 1/3rd amount of enhanced increase in the value. Through the aforesaid letter, the petitioner was directed to make the payment within a period of 15 days. Though the petitioner was not required to deposit the amount, yet he deposited the amount of Rs. 3,11,308/0- as demanded by the respondent. According to the petitioner, he was allotted the plot in the year 1967 and the possession was delivered to him in the year 1970. He became the full fledged owner of the plot on free hold basis and the amendment under which the amount was claimed, was inserted in the year 1979, therefore, the said amendment is not binding upon the petitioner. The petitioner, in these circumstances, made a demand to the respondent for the refund of the amount of Rs. 3,11,308/- but it has not been returned. This action on the part of the respondent is without jurisdiction and contrary to the rules.