J.L. Gupta, J. - (1.) THE petitioner had applied for the allotment of a plot measuring 7500 square yards for setting up an industrial unit. The application was submitted on March 24, 1999 alongwith a bank draft for an amount of Rs. 2,25,000/ -. ON May 29, 2000, the petitioner was informed that plot No. A008 measuring 7500 square yards at the industrial Focal Point, Mandi Gobindgarh is proposed to be allotted to him on 99 years lease hold basis. The lease was renewable for another term of 99 years. The price of the plot was stated to be Rs. 23,17,500/ -. The petitioner was required to deposit Rs. 7,02,000/ -. The remaining amount was to be paid in instalments. The petitioner made this deposit on August 11, 2000 through a bank draft. After the deposit of the amount, the petitioner discovered that the plot allotted to him did not measure 7500 square yards. It was further found that the electric cables were passing through the land and that it was not possible to utilise the plot. Instead of redressing the petitioners' grievance, the respondents addressed a communication dated January 3, 2001, demanding an additional amount of Rs. 3,63,848/ - on account of the instalment. The petitioner requested the authorities to allot a plot measuring 7500 square yards. Having failed to get the plot, the petitioner has filed the present writ petition with the prayer that the respondents be directed to refund the amount of Rs. 9,27,000/ - alongwith interest.
(2.) DESPITE opportunity, no written statement has been filed on behalf of the respondent/Corporation. However, Mr Rajdeep Singh Cheema, learned counsel for the respondents states that the Corporation is now willing to allot a 7500 square yards' plot to the petitioner. However, this offer is not acceptable to Mr Jattana, learned counsel for the petitioner. He presses the prayer for refund of the amount already deposited.
(3.) ADMITTEDLY , the petitioner had applied for a plot measuring 7500 square yards. The respondents had informed him vide letter dated May 29, 2000 that a plot measuring 7500 square yards had been allotted. The petitioner on the faith of this representation had deposited an amount of Rs. 7,02,000/ -. Subsequently, it was found that the plot allotted to the petitioner was not of the required specifications. Consequently, the petitioner had required the respondents to refund his money. A copy of the notice served by the petitioner is at Annexure P8 with the petition. The respondents having failed to refund the money, he has approached this Court.;