- (1.) This order shall dispose of the above noted three writ petitions raising identical claim for allotment of 1 kanal industrial plot advertised by the Punjab Small Industries and Export Corporation Limited (for short 'the Corporation').
(2.) All the petitioners applied for allotment of plots in terms of an advertisement published on 10.5.1990 (Annexure R.2). Vide the aforesaid advertisement 170 plots of 480 square yards were advertised consequent to the directions issued by this Court in CWP No. 6698 of 1987. The aforesaid writ petition was decided on 2.6.1989, wherein the allotment of industrial plots vide advertisement dated 23.1.1984 was the subject matter of challenge at the hands of the unsuccessful applicants. Learned Single Bench allowed the writ petition with the following observations:- "For the foregoing reasons, the impugned letter (Annexure P.5) or the corresponding annexures in other writ petition as the case may be, conveying to the respective petitioners that their projects had not been found suitable for allotment of industrial plots, is/are quashed. The order of allotment of plots to different persons is also quashed and a direction is issued to the respondents to invite fresh applications and reconsider the matter of allotment of plots to different entrepreneurs after framing and publishing a specific policy in this regard, so that the applicants are made aware of the suitability and viability of the projects required to be set up in this industrial estate. In view of the peculiar circumstances of the case there is no order as to costs."
(3.) To give effect to the directions of the learned Single Bench, the advertisement (Annexure R.2) was published, in which the petitioners were the applicants. However, another set of writ petition was filed such as CWP No. 3310 of 1990 by the allottees, who were allotted plots pursuant to the advertisement issued on 23.1.1984. The said writ petitions were allowed for the reason that the allottees were not the parties in the earlier writ petition and that the Corporation did not bring the correct facts to the notice of the learned Single Judge. It was held that with the allotment, a valid contract has come into existence and the Corporation can avoid such contract only in accordance with law. The writ petition was allowed with the following observations:- "We are constrained to observe that the Corporation did not bring correct facts to the notice of the learned Single Judge disposing of CWP No. 6698 of 1987 and the connected writ petitions. Be that as it may, the judgment rendered in CWP No. 6698 of 1987 and the other connected writ petitions does not disentitle the present petitioners from enforcing the terms and conditions of their allotment letters. The petitioners have complied with the terms and conditions of allotment and a valid contract had come into existence between them and the Corporation which can only be avoided in accordance with law and not otherwise. The contract between the petitioners and the Corporation has not been assailed by any of the parties and, in fact the Corporation does not dispute that a valid contract had come into existence between them. For the reasons stated above, we allow these writ petitions and hold that judgment dated June 2, 1989 rendered in CWP No. 6698 of 1987 and the connected writ petitions whereby the allotment of industrial plots made in favour of different persons like the petitioners was cancelled will be ineffective so far as the rights of the petitioners are concerned. The Corporation is directed to make allotment of industrial plots to the petitioners as per the terms and conditions mentioned in the letters of allotment. However, it is made clear that the Corporation will be entitled to claim additional price for the plots on account of enhancement of compensation under the Land Acquisition Act. In view of the very fair stand taken by the counsel for the Corporation, we make no order as to costs.";