RITA MEHRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellant No.1-Smt. Rita Mehra applied to Punjab Urban Planning & Development Authority (in short 'PUDA'), predecessor in interest of the respondent Greater Mohali Area Development Authority (in short 'GMADA') for allotment of a residential plot, vide application dated 25.08.1969 and deposited earnest money amounting to Rs.975/-. She was registered vide registration No.R-2889/500. Pursuant to a scheme of PUDA, vide application dated 22.6.1994 she applied for transfer of the said registration in favour of appellant No.2, Smt. Kuljit Kaur and also deposited a sum of Rs.500/- as transfer fee. Two bank drafts, one dated 17.6.1994 for Rs.50,000/- and other dated 21.06.1994 for Rs.9,500/- were also enclosed to the said application towards enhanced earnest money.

(2.) PUDA received yet another application, seeking transfer of the aforesaid registration from appellant No.1-Smt. Rita Mehra to one Smt. Mohinder Kaur. The case of the appellants is that the aforesaid application was not a genuine application and the signatures of appellant No.1 were forged on it. Acting on the aforesaid application, the registration was transferred by PUDA in the name of Smt. Mohinder Kaur.

(3.) Vide public notice dated 25.07.1995, PUDA decided to hold a draw of lots on 01.8.1995 for allotment of vacant residential plots. It was clarified in the public notice that only those old applicants would be included in the draw of lots, who had completed 10% earnest money by 29.07.1994 and the remaining applicants, including those whose applications were under transfer from one name to another name, would be considered in the next draw of lots. It was also stated in the said notice that adequate number of plots had been kept reserved for eligible applicants. The draw of lots was accordingly held on 01.8.1995, but neither name of appellant No.1-Smt. Rita Mehra and nor that of appellant No.2-Smt. Kuljit Kaur was included in the draw.