IMPROVEMENT TRUST ROPER Vs. VISHAL KUMAR

JUDGEMENT

(1.) -THIS is an appeal by the Improvement Trust, Rupnagar (Ropar) against the judgment and order of the District Forum dated 27. 2. 2007 by which the complaint of the complainant was allowed in the following terms:

(2.) IMPROVEMENT Trust, Rupnagar (in short 'the Trust') had got published an advertisement in various newspapers including "daily Ajit" on 22. 12. 2005 inviting applications in the prescibed proforma for allotment of residential plot in Giani Zail Singh Nagar, Ropar and in other schemes. The booking commenced w. e. f. 26. 12. 2005 and the last date of the submission of the application was 13. 1. 2006. Complainant applied for residential plot of 200 sq. yds. and deposited a sum of Rs. 70,000 by way of demand draft. It was further alleged in the complaint that O. P. had assured that the allotment will be made within a period of 3 months. Since more than 10 months had elapsed and no allotment having been made, the complainant filed a complaint before the District Forum.

(3.) WHILE resisting the complainant, the Trust stated in the written statement that a civil suit had been filed by one Harnam Singh and others before the Civil Judge, Ropar and an application for temporary injunction restraining the Trust of making an allotment through draw of lots was prayed for and that suit is still pending. The suit has been filed on 25. 1. 2006. Moreover, the Writ Petition No. 3801 of 2006 was filed by Ranjodh Singh and another in the Punjab and Haryana High Court and the High Court had passed an order dated 9. 3. 2006 ordering to maintain status quo till the next date of hearing and the case was fixed for 25. 5. 2006. It may be observed that till 9. 3. 2006 the allotment had not been made when the specific order had been passed by the High Court for maintaining status quo. The Trust had filed reply to the application of stay which was filed in C. W. P. No. 3801 of 2006. They prayed for the vacation of the ex parte stay order granted on 9. 3. 2006. However, the writ petition was admitted on 1. 8. 2006 and it was ordered that the interim directions given on 9. 3. 2006 would continue. Against the continuation of stay order, the Trust filed S. L. P. No. 18778 of 2006 before the Apex Court. The Apex Court passed the following order on 24. 11. 2006: ". . . . . . We request the High Court to dispose of the writ petition within a period of six months from the date on which a copy of this order is produced befre the High Court".