Research › Search › Judgment

Punjab High Court · body

2002 DIGILAW 385 (PNJ)

Jit Singh son of Mit Singh v. State of Punjab

2002-04-09

R.L.ANAND

body2002
JUDGMENT R.L. Anand, J. - Jit Singh petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India praying therein that a writ in the nature of certiorari be issued and the orders dated 5.12.2000 and 4.1.2001, Annexures P-13 and P-15, respectively, be set aside and directions be issued to the respondents to allot the Plot No. 549 Phase II, S.A.S. Nagar (Mohali) at the rate of Rs. 1400/- per square yard at par with other similarly situated allottees/oustees instead of Rs. 3600/- per square yard. 2. The case set up by the petitioner is that land measuring 54 Kanals 1 Marla situated in village Kumbra was acquired for public purpose namely for setting up of urban Estate SAS Nagar, Mohali, District Ropar. Besides above, the land measuring 11 Kanals 1 Marla was also acquired by the Punjab Government vide Award No. 451 dated 22.2.1995. The Punjab Government framed the policy for allotment of plots of the persons/oustees whose land had been acquired for setting up of Urban Estate and on the basis of the above said policy the petitioner applied for allotment of plot measuring 1 kanal on 4.9.1980 and the requisite earnest money of Rs. 3,000/- was also deposited along with the application which was registered at Sr. No. 10302. 3. On 11.5.1981, the petitioner was directed to deposit the balance amount so as to make the same equal to the 25% of the price of plot as the price of the land in Urban Estate, SAS Nagar (Mohali) was fixed at the rate of Rs. 85/- per square yard. The petitioner deposited the amount of Rs. 1250/- vide Bank Draft dated 3.6.1981. 4. The petitioner also gave the option for allotment of 200 square yards plot. On 22.3.1982, the respondent No. 3 (Estate Officer) informed the petitioner about the change of the policy of the Government for allotment of plots of the oustees. The petitioner replied the same on 7.5.1982. 5. It is the grouse of the petitioner that his application remained pending with the authorities for about ten years. On 10.12.1993 the respondent No. 3 sought clarification regarding the joint Khata. The petitioner informed that his total land acquired is more than 5 acres and therefore, he is entitled to the allotment of the plot. The petitioner also submitted the affidavit. On 10.12.1993 the respondent No. 3 sought clarification regarding the joint Khata. The petitioner informed that his total land acquired is more than 5 acres and therefore, he is entitled to the allotment of the plot. The petitioner also submitted the affidavit. On 28.4.1993, respondent No. 3 again asked the petitioner to furnish fresh ousee certificate for the total land acquired by the Land Acquisition Collector. The petitioner also complied with these directions in the month of May 1993. The petitioner visited the office of respondent No. 3 in order to find out about the fate of his application and he came to know that a sum of Rs. 56,000/- was required to be deposited to complete 10% price of the plot at the rate of Rs. 1200/- per square yard. The petitioner deposited the amount of Rs. 56,000/- vide Bank Draft No. 013364 dated 26.5.1995. Thereafter, the draw of lots was held on 1.8.1995. The application of the petitioner was considered and he was declared successful in the draw of lots and Plot No. 549, Phase II, SAS, nagar (Mohali) measuring 1 Kanal was earmarked but no allotment was made to the petitioner, as a result of which, the petitioner filed the suit in the Court of Additional Civil Judge (Sr. Division), Kharar, District Ropar which was dismissed under Order 8 C.P.C. on 21.7.1997. On 10.3.2000 the respondent again directed the petitioner to furnish the affidavit of other joint khata. This action of the Estate Officer was challenged and finally Additional Chief Administrator directed respondent No. 3 to take steps for the allotment of the earmarked plot to the petitioner in view of the judgment of Honble Supreme Court of India. On 5.12.2000, respondent No. 3 asked the petitioner to give the consent for the allotment of the earmarked plot at the rate of Rs. 3600/- per square yard. The petitioner made a representation on 12.12.2000 in which he requested to allot the plot at the rate of Rs. 1400/- per square yard as allotted to the similar situated persons. However, on 4.1.2001 respondent No. 3 again asked the petitioner to give the affidavit for the allotment of the plot at the rate of Rs. 3600/- per square yard and also informed that the plot cannot be allotted at the rate of Rs. 1400/- per square yard. 1400/- per square yard as allotted to the similar situated persons. However, on 4.1.2001 respondent No. 3 again asked the petitioner to give the affidavit for the allotment of the plot at the rate of Rs. 3600/- per square yard and also informed that the plot cannot be allotted at the rate of Rs. 1400/- per square yard. Thereafter, the petitioner served a legal notice upon the respondents on 8.1.2001 but to no avail. 6. In short, the grouse of the petitioner is that he was to be allotted plot which was earmarked to him at the rate of Rs. 1400/- per square yard and he cannot be called upon by respondent No. 3 to pay the price of the plot at the rate of Rs. 3600/- per square yard. 7. Notice of the writ petition was given to the respondents and so far written statement has not been filed. 8. I have heard the learned counsel for the parties and with their assistance have gone through the record of the case. 9. My attention has been invited to a judgment of this Court passed in C.W.P. No. 8265 of 2000 Sucha Singh v. State of Punjab and others in which the Honble Division Bench vide judgment dated 18.10.2000, quashed the action of PUDA authorities by holding that they cannot charge the higher price because such an action would be discriminatory and violative of their fundamental right to equality. Itt is the common case of the parties that the land of the petitioner was acquired and the policy of the PUDA authorities was to allot the plot to the land owners whose land was acquired. The petitioner was entitled to the plot. He applied for the same and the amount of plot is liable to be charged from the petitioner at the same rate which was being charged by the PUDA authorities from the other persons who applied under the similar circumstances and situation. When the PUDA authorities were charging the low price from the other land owners how the petitioner can be called upon to pay the price at the rate of Rs. 3600/- per square yards. 10. When the PUDA authorities were charging the low price from the other land owners how the petitioner can be called upon to pay the price at the rate of Rs. 3600/- per square yards. 10. In this view of the matter, the writ petition is allowed and the orders Annexures P-13 and P-15 passed by respondent No. 3 are hereby quashed and directions ae given to the Estate Officer to charge the price at the rate of Rs. 1400/- per square yard from the petitioner for the plot which was earmarked for him. There shall be no order as to costs. Petition allowed.