- (1.) The Administrative Secretaries exercised the powers of the Ministers in terms of the Rules of Business during the period of Governor's Rule in the State of Punjab in 1980. The allotment of plots in Urban Estate out of the discretionary quota which could otherwise be made by the Minister could thus be made by the concerned Administrative Secretaries during that period. In May, 1980, when the State of Punjab was under Governor's rule, the petitioner was allotted plot No. 2009 (500 Square Yards) Phase X in Sahibzada Ajit Singh Nagar (Mohali) Urban Estate out of the discretionary quota under the orders of the Administrative Secretary. The petitioner made the initial deposit and was given the possession of the plot. In June, 1980, he was allotted plot No. 707, Phase I in Sahibzada Ajit Singh Nagar by way of exchange for plot No. 2009. On November 27, 1980, the allotment of the plot made in the name of the petitioner was cancelled. The petitioner assailed the cancellation order in Civil Writ Petition No. 580 of 1981 which was disposed of on September 23, 1981, by the following order:- "It is stated by Mr. J.L. Gupta, learned counsel appearing for the respondents, that the impugned order cancelling the allotment of the petitioners has been withdrawn. The learned counsel further states that if the Government hereafter takes any action for the cancellation of the allotment of the petitioners, then it would proceed in accordance with law and before passing any order, full opportunity of hearing would be given to the petitioners and a speaking order would be passed. In view of what has been stated by the learned counsel for the respondents, the learned counsel for the petitioners states that these petitions be dismissed as withdrawn. We order accordingly. It may be observed that in case an adverse order is passed against the petitioners and in case they choose to file fresh petitions in this Court, then they would be entitled to raise all the objections which they have taken in these petitions, available to them." In view of the undertaking given in Civil Writ Petition No. 580 of 1981 the order dated November 27, 1980, cancelling the allotment of plot No. 707, Phase I, Sahibzada Ajit Singh Nagar was withdrawn vide Memorandum dated February 24, 1982 (P.10).
(2.) The Punjab Urban Estates (Development and Regulation) Amendment Act, 1981, inter alia introduced section 11-A in the Punjab Urban Estates (Development and Regulation) Act, 1964 (hereinafter the Act). The relevant part of section 11-A reads :- "11.A. Power to cancel sale, lease or other transfer.--(1) If it appears to the State Government that any sale, lease or other transfers of any site in an urban Estate has been made in contravention of this Act or any rules made thereunder or is fraudulent or is otherwise inexpedient, it may, notwithstanding anything contained in any contract or any other law for the time being in force, by an order in writing, stating reasons therefore, cancel such sale, lease or other transfer. (2) Any person aggrieved by an order made under sub-section (1) may within thirty days of the date of communication of the order to him, make an application in writing to the State Government for review of the said order and the State Government may, after giving an opportunity of being heard to such person, either rescind, vary or confirm the said order. (3) ...................... (4) No order under sub-section (1) shall be made in respect of any sale, lease or other transfer made-- (a) prior to the commencement of the Punjab Urban Estates (Development and Regulation) Amendment Act, 1981-- (i) if such sale, lease or other transfer was made more than two years prior to such commencement, or (ii) after the expiry of one year from such commencement, or (b) after the commencement of the Punjab Urban Estates (Development and Regulation) Amendment Act, 1981, after the expiry of a period of one year from the date of such sale, lease or other transfer........"
(3.) On March 22, 1982, the petitioner was issued a notice (P-11) under section 11-A of the Act to show cause notice within 15 days of the receipt thereof as to why action contemplated in sub-section (1) of Section 11-A of the Act may not be taken against him. After the receipt of the notice, the petitioner sent the communication dated April 7, 1982 (P.12) to the Secretary to Government Punjab, Housing and Urban Development, Chandigarh, wherein he prayed that the copies of the documents as also information detailed therein be supplied to him to enable him to give reply to the show cause notice. The relevant parts of this communication read :- "In order to enable me to give reply to the show cause notice, under section 11-A of the Punjab Urban Estates (Development and Regulation) Act, 1964, issued by the Government of Punjab, Department of Housing and Urban Development, bearing No. SUD-II/3182, dated 22.3.1982, in respect of the above mentioned plot, the copies of the documents, and the information enlisted in paragraphs below, from Serial Nos. 1 to 49, are required, which may kindly be supplied to me at the earliest so as to enable me to prepare my reply to the show cause notice: It is, therefore, requested that the abovenoted documents and information may kindly be supplied to me immediately and I may be granted a fortnight's time after the aforesaid copies are supplied to me to enable me to submit my reply to the show cause notice, issued by the Government".;