JUDGEMENT
Jawahar Lal Gupta, J. -
(1.) The petitioner prays that the notice dated 25th August, 2001. by which the Punjab Urban Development Authority has notified the auction of Group Housing Site be quashed. A few facts, as relevant for the decision of this case, may briefly be noticed.
(2.) On 17th August, 1998, the petitioner was offered a plot for the construction of flats/dwelling units. The plot measured 2.389 acres. The price was fixed at Rs. 3,23,77,128/-. 25% of the price, viz. 80,94,282/- had to be deposited immediately. The remaining amount had to be paid in six annual instalments alongwith interest at the rate of 15% per annum. It is the admitted position that the petitioner did not pay even a penny. Faced with this situation, the Authority cancelled the allotment vide letter dated 12th February, 1999. The petitioner claims to have filed an appeal, which was dismissed. A Revision Petition is now stated to be pending. On the basis of the pendency of the revision, the petitioner submits that the Authority is debarred from putting the plot to auction.
(3.) A caveat has been entered on behalf of the respondent/Authority. It has been categorically stated by Shri Naresh Prabhakar, learned counsel for the caveator that the petitioner had failed to pay the amount as mentioned in the letter of allotment. Thus, the Authority was constrained to cancel the allotment. Thereafter, considerable time has elapsed. In this situation, the Authority has decided to auction the plot so as to avoid any further loss.;
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