CHARANJIT SINGH BAKHSHI H.S. BAKSHI PUNJAB AND HARYANA HIGH COURT #599, SECTOR Vs. PUNJAB URBAN DEVELOPMENT AUTHORITY AND ORS. PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY THROUGH ITS CHIEF ADMINISTRATOR

JUDGEMENT

(1.) By this order, we propose to dispose of the above noted revision petitions arising out of the order of the State Commission Punjab dated 16.02.2009 in First Appeal No. 158 of 2006 & First Appeal No. 275 of 2006.

(2.) Briefly stated facts relevant for the disposal of the revision petitions are that pursuant to a development scheme floated by respondents opposite parties, one Smt. Mann Kaur Sabharwal was allotted plot no.3077, Sector 69, Mohali measuring 500 sq. yards vide allotment letter dated 07.10.1996. Smt. Mann Kaur in terms of the allotment letter deposited a sum of Rs.2,25,000/- towards 25% of total consideration amount of Rs.9,00,000/-. The balance Rs.6,75,000/- alongwith interest @ 10% was payable by her in six yearly instalments. The petitioner Charanjit Singh Bakshi purchased said plot from Mann Kaur in year 1997 and applied to the respondents for transfer of said plot in his name. The request for transfer was accepted by the respondents and the petitioner complainant was issued re-allotment letter in his favour vide letter dated 16.03.1998. Despite of re-allotment, the respondents failed to deliver possession of the allotted plot to the petitioner complainant. The complainant, however, was informed vide letter dated 12.07.1999 issued by respondent no.2 that delivery of said plot was not feasible and an option was invited from the complainant for an alternative plot. Pursuant to the said option, the complainant was allotted alternative plot no.3150, Sector 69, Mohali.

(3.) It is the case of the petitioner complainant that plot no. 3150, Sector 69, Mohali was low lying and unfit for construction of house. The complainant, therefore, made an application dated 04.07.2000 to the opposite parties requesting for allotment of some alternative plot. The father of the complainant personally met the Chief Administrator of the opposite party and gave application dated 09.10.2000 for allotment of alternative plot. The aforesaid application was followed by another application dated 06.12.2000. The Chief Engineer of the opposite parties visited the spot and vide his letter dated 27.12.2000 confirmed that alternative plot was located in a pond more than 8 ft. deep. Despite that, no action was taken on the request of the complainant for alternative plot.