HARBHAJAN KAUR Vs. P U D A MOHALI

JUDGEMENT

(1.) The grouse of Harbhajan Kaur, the complainant was that in accordance with the provisions of Punjab Apartment and Property Regulation Act, 1995, 10% of the total houses constructed by PUDA were to be given to economically weaker sections of the society and if this ratio of 10% had been taken into consideration, the complainant would have been accommodated for the allotment of HIG house for which she had applied as back as on March 10,1989.

(2.) On deposit of Rs.4,000/- the complainant applied to PUDA for allotment of a HIG house (single storey) in Phase 9, Mohali. A draw of lots was held on November 10,1989, however, the complainant was unsuccessful. Second draw of lots was held on September 20, 1996, the complainant was again unsuccessful and the amount deposited was refunded on January 16, 1997. This led the complainant to approach District Forum for the relief. The complaint was contested by the PUDA broadly admitted the facts as stated above that being unsuccessful in the draw of lots, advance amount was promptly refunded. The District Forum dismissed the complaint. Hence the complainant is in appeal.

(3.) The representative of the appellant has referred to Sec.3 of the Act of 1995 referred to above and has argued that 10% of the total flats constructed by opposite party should have been reserved for economically weaker sections. On perusal of the same, we find that the contention raised cannot be accepted. The proviso added to Clause (h) of Sec.3 (2) of the Act requires consideration, which are reproduced as under : " (h) except where there are no agreements about specific plots or apartment and allotment is made by draw of lots, prepare and maintain a list of plots or apartments with their numbers, the names and addresses of the parties who have taken or agreed to take plots or apartments, the price charged or agreed to be charged therefor, and the terms and conditions, if any, on which the plots or apartments are taken or agreed to be taken : provided that the Competent Authority may direct that- (i) in the case of residential apartments, if the total number of apartments is one hundred or more, ten per cent of the apartments; and (ii) in the case of colony, if the total area of the colony is forty hectares or more, ten percent of the area under residential plots and houses be reserved for being sold or leased to such persons belonging to such economically weaker sections of society, in such manner and on such terms and conditions as may be prescribed. "