- (1.) The challenge in the present writ petition are to the orders passed by the Additional Chief Administrator, PUDA dated 1.5.2006 and dated 22.10.2012 passed by the Special Secretary, Housing and Urban Development Department, Punjab. The petitioner had applied for allotment of MIG House at Patiala and had deposited Rs. 2000/-as earnest money. On 22.9.1986, House No. 669 in Phase I, Patiala was allotted to the petitioner through draw of lots. The respondents sent allotment letter to the petitioner at House No. 3066, Sector 23 D, Chandigarh instead of sending it at the actual address of House No. 3606, Sector 23 D, Chandigarh. Resultantly, the letter of allotment could not be received by the petitioner and the same was returned by the Post Office with the remarks that "no person of such name resides in the house". The respondent again sent a letter of allotment on 20.10.1986 at House No. 5167, Sector 23 D, Chandigarh in place of House No. 1567, Sector 23, Chandigarh. The said letter again was not received by the petitioner. Since the petitioner did not respond to the letter of allotment, the allotment was cancelled on 7.1.1987. The letter of cancellation was again sent at the wrong address. After making enquiries, the petitioner came to know that the house allotted to him had been cancelled. An appeal against the cancellation of the allotment was filed before the Additional Chief Administrator, PUDA, Patiala and the order of cancellation dated 7.1.1987 was set aside with a direction to the Estate Officer to allot MIG House in any other Phase to the petitioner, within a period of 30 days. The petitioner was aggrieved with the order dated 1.5.2006 passed by the Additional Chief Administrator PUDA, Patiala and filed a revision under Section 45(8) of the Punjab Regional and Town Planning and Development Act, 1955, claiming that a fraud had been committed with the petitioner and that he was entitled to the allotment made to him in the same phase i.e. he should have been allotted House No. 669, Phase I, Patiala since the same was in existence and had not been allotted to anyone else. The Special Secretary, Housing and Urban Development Department, Punjab, in his order dated 22.10.2012 noticed that a fraud has been committed upon the petitioner but it is not possible to reverse the same after a lapse of 25 years. A direction was issued to the Estate Officer, Patiala to allot the petitioner an independent MIG or HIG house, whichever was vacant, with a further direction that the allotment shall be made at a "reserve price and the amount deposited by the petitioner shall carry interest @ 10% per annum and the same shall be adjusted in the price of the house or plot, which is to be allotted".
(2.) The petitioner has filed the present writ petition seeking possession of House No. 669, Phase I, Patiala, claiming that as the cancellation of allotment has been set aside, the petitioner should be entitled to possession of the said house as per the terms and conditions of the allotment letter and should be allowed to make payments accordingly. The respondents have filed the written statement taking the plea that the petitioner himself was not keen for allotment of the plot. After order dated 22.10.2012, passed by the Special Secretary Urban Housing and Development Department, Punjab, an offer was made to him for allotment of plot in Urban Estate, Phase II, Patiala, under 117 MIG Scheme, further asking for consent to be given within a period of 15 days so that further action could be taken. Since there was no consent given by the petitioner to the offer of allotment of flat under 117 MIG Scheme in Urban Estate, Phase II, Patiala, the Chief Administrator, PUDA ordered a sum of Rs. 7844/-to be refunded. The Estate Officer vide letter dated 11.3.2014, intimated to the petitioner that no independent MIG or HIG house were vacant in the Urban Estate, Patiala, however, in Urban Estate, Phase I, under 11.60 acres Scheme, a plot measuring 191.35 square yards would be available for allotment at the present reserve price of Rs.15,000/-per square yards. The petitioner was required to send consent within 7 days of the said communication. This letter was followed by letters dated 3.4.2014 and dated 12.5.2014 asking the petitioner to give consent for allotment of plot measuring 191.35 square yards at the reserve price of Rs.15,000/-per square yards.
(3.) We have perused the record of the case and heard learned counsel for the parties. The Additional Chief Administrator, PUDA in his order dated 1.5.2006 noted that the office of the respondent was making correspondence at wrong addresses and that is the reason why the applicant did not get the letter of allotment. On this basis, the order of cancellation dated 7.1.1986 was set aside. Further, the Special Secretary, Housing and Urban Development Department, Punjab noted that a fraud had been committed upon the petitioner and the Estate Officer, Patiala was directed to allot the petitioner an independent MIG or HIG House, whichever was vacant, and if such house was not vacant, the petitioner should be allotted plot of 125 square yards or 150 square yards, whichever is available, at reserve price . It is also made clear that the allotment shall be made at the reserve price and the amount deposited by the petitioner shall carry interest @ 10% per annum and the same shall be adjusted in the price of the house/pot which is to be allotted. The order passed by the Special Secretary has not been challenged by the respondent-authorities meaning thereby, the same stands accepted. In other words, the respondentauthorities are bound by the directions issued to allot a suitable plot to the petitioner at the reserve price.;