- (1.) The instant appeal filed under Clause X of the Letters Patent is directed against interlocutory order dated 15.02.2011 rendered by the learned Single Judge holding as under : "The petitioner is admittedly son of a freedom fighter. His father was granted the freedom fighter pension as well as Tamra Patra on recognition of the sacrifice/service rendered by him for the independence of the nation. The plot in question was also allotted to the petitioner as a award of the freedom fighter. Heard. Admit. List for final hearing within one year. Meanwhile, operation of the impugned order dated 30.11.2007, whereby allotment of plot No. 652, Phase-II, Urban Estate, Patiala was cancelled, hereby stayed. Respondents No. 3 and 4 are directed to hand over possession of the said plot to the petitioner forthwith subject to his depositing of the dues as per terms and conditions of allotment. The amount refunded to the petitioner shall be redeposited by him within one month and possession of the plot shall be handed over only after deposition of the said amount. The petitioner shall also continue to deposit the future instalment, if any."
(2.) In order to decide the controversy and with the consent of the counsel for the parties, along with this appeal we have also taken up the writ petition. The writ petition is requisitioned and is being disposed of along with instant appeal.
(3.) Brief facts of the case, which are necessary for disposal of the appeal as well as writ petition are that the appellant-Punjab Urban Planning & Development Authority, Patiala (for brevity 'PUDA'), floated a scheme for allotment of 85 freehold residential plots at Urban Estate, Patiala, Phase-I, II and III. A separate category for 'freedom fighter' was carved out and 2% of the plots were reserved for the category of freedom fighter. In that regard, a brochure (R-4/1) was issued which shows the availability of plots according to the general and reserved category and the same is reproduced hereunder : JUDGEMENT_536_LAWS(P&H)8_2011_1.html;