RITU BAHRI,J. - (1.) The present writ petition has been filed by the Estate Officer, Greater Mohali Area Development Authority (hereinafter referred to as 'GMADA') for quashing of the order dated 24.12.2015 (Annexure P-11) passed by respondent No. 2-Revisional Authority-cum-Additional Secretary to the Government of Punjab, Department of Housing and Urban Development, Chandigarh.
(2.) A perusal of the impugned order dated 24.12.2015 (Annexure P-11) shows that respondent No. 3-Bachittar Kaur had applied for allotment of residential plot measuring 125 sq.yds. under reserve category in the Aerocity Scheme floated by GMADA. Respondent No. 3 was successful in draw of lots and letter of intent (in short 'LOI') was also issued to her. As per the condition No. 5 of the LOI, she had to deposit 15% of the total amount i.e. Rs. 2,25,000/- within 30 days from the issue of LOI. This amount was not deposited within the stipulated time and the Estate officer forfeited the 10% and cancelled the LOI vide order dated 20.07.2012 (Annexure P-5). Against this order, she had filed an appeal before the Appellate Authority GMADA which was dismissed on 03.10.2012 (Annexure P-7). Thereafter, respondent No. 3 filed Revision Petition and vide order dated 14.07.2014 (Annexure P-9), the then Secretary to Govt. Punjab, Department of Housing and Urban Development, Punjab, Chandigarh also rejected the Revision Petition. Order dated 14.07.2014 (Annexure P-9) was challenged by way of filing CWP-23196-2014 titled as Bachittar Kaur V/s. State of Punjab and others and this petition was disposed of on 08.09.2015 (Annexure P-10) by passing following order:- "The so called explanation given by the petitioner and as available on record, surely does not make out it a case of circumstances where the Authority should be persuaded to condone the delay beyond 6 months. Nevertheless, we grant them liberty to approach the Special Secretary, Government of Punjab, Housing and Urban Development Department, and make out a case of strong and exceptional circumstances to seek condonation of delay beyond six months and/or to make out a case for the reduction of forfeited amount."
(3.) The grievance of the petitioner is that after order dated 08.09.2015, opportunity of hearing was given and statement of allottee was recorded and after taking a liberal view, delay in depositing 15% of the total amount i.e. Rs. 2,25,000/- within 30 days from the issue of LOI was condoned and the plot was restored to the allottee-Bachittar Kaur vide order dated 24.12.2015 (Annexure P-11) which has now been challenged by the petitioner/GMADA in the present writ petition.;