Dharmadhikari, J. - (1.) THESE appeals and special leave petitions are preferred against the common judgment dated 30.8.2001 passed by the Division Bench of High Court of Punjab and Haryana whereby a batch of writ petitions preferred by the applicants for allotment of industrial plots in the development scheme framed by the Union Territory, Chandigarh [shortly referred to as UTC has been disposed of with certain directions. Different classes of allottees of industrial plots and UTC all feel aggrieved by the judgment of the High Court and are before this Court.
(2.) THE full factual background leading to the dispute inter se between the applicants for industrial plots and UTC is required to be set out: With a view to re-enact and modify the law in relation to the development and regulation of the new capital of Punjab at Chandigarh, Legislation by name Capital of Punjab [Development and Regulation] Act, 1952 [shortly referred to as the Act] was passed in the year 1952 vesting the State Government with legal authority to regulate the sale of building sites. In exercise of powers under the Act, rules for allotment of sites for building have been framed known as the Chandigarh Lease Hold of Sites and Building Rules, 1973 [hereinafter referred to as the Rules], which among others provide that the Administration of UTC, may demise sites for industries and buildings by allotment or auction. In accordance with the provisions of the Act and Rules mentioned above, the Administration of UTC issued an advertisement No. 1/81 on 14.4.1981 inviting applications from interested entrepreneurs seeking allotment of the industrial plots of different sizes ranging from 10 marlas to 4 kanals. Pursuant to the said advertisement, 3735 applications were received from different parties. The Screening Committee of the Administration of UTC on 16.7.1982 short-listed 339 parties for allotment of industrial plots of different sizes after studying their project reports and conducting interviews. The 339 successful applicants, selected for allotment of plots of differ- ent sizes, were directed to deposit 25% of the total cost of the plots. On 30.11.1982, for allotting specific plots, a draw of lots was held among 339 successful allottees. As a result of the draw of lots, 57 parties were given possession of their plots in developed industrial areas i.e. Phase-I and Phase-II. Twenty one parties took refund of their money. Seven allottees were given option for change of their plots. Remaining 254 allottees could not be given possession of the plots, allotted to them, as there were objections from the State Authorities to the industrial development of the land it being covered by the notification, issued in the year 1961, declaring area of the land as reserved forest. The Administration of UTC could not deliver the possession of that land which was covered in the reserved forest, to 254 allottees of the year 1989 but it continued to accept the yearly installments fixed for payment from the selected allottees. Certain allottees filed writ petitions in the year 1987 in the High Court seeking directions to the Administration of UTC to deliver possession of the industrial plots allotted to them in accordance with the short-listing done by the Screening Committee and consequent draw of lots.
(3.) ON 29.11.1990, the Director of Industries, Government of India, intimated to the allottees that the Administration of UTC was not in a position to deliver possession of the industrial plots allotted to them as the land was found to be a part of reserved forest. The Administration proposed to allot one kanal land to each allottee irrespective of the size of plot originally allotted. On 10.12.1990, the Administration of UTC then framed a new industrial policy to accommodate 250 allottees of 1982 who could be given possession of the industrial plots because of the land being reserved for forest. To meet aforesaid difficult situation, the Administration decided to reduce the size of 4 kanal and 2 kanal of industrial plots by 25% so as to accommodate and to enable itself to allot plots to all 254 allottees. In view of the new industrial policy of 1990, the earlier letter dated 29.11.1990 proposing each allottee one kanal of plot was withdrawn. On 05.2.1991, a letter was issued to allottees of plots measuring 4 kanal and 2 kanal to give their consent for accepting reduced size of plot by 25% of the original plot allotted to each of them. The option was invited within a period of 30 days. No option was asked from the allottees of plots measuring one kanal and 10 marlas.;