- (1.) The petitioner purchased a plot measuring 2420 square feet in Urban Estate, Phase 3, Part II, Bathinda for construction of hospital/nursing home in an open auction held on 24.06.20111. The allotment letter was issued to him on 15.06.2012 (Annexure P-3) and in terms of the option given therein, the petitioner chose to make the payment of entire consideration amount of Rs. 8,66,52,000/- within 60 days of the issuance of the allotment letter, thereby availing the rebate of 5% on the balance 75% amount. The petitioner now seeks a writ of mandamus for directing the respondents to remove the encroachment upon the plot as well as the surrounding area and to pay him interest on the paid amount and further to extend the stipulated period of three years for construction of the hospital. Alternate prayer for the refund of the amount alongwith interest has also been made.
(2.) It is averred that the petitioner had been misled by the Bathinda Development Authority (BDA) to spend such a huge amount by projecting the entire area to be fully developed. The presence of the Jhuggis and other hutments, which have been raised by the encroachers, have made it impossible for him to raise construction thereon and especially within the stipulated period of three years. Furthermore, it is not possible to construct the hospital in such area as the people would not like to visit the same.
(3.) It is the stand of contesting respondents in their written statement and is so contended by their learned counsel that the plot/site allotted to the petitioner in open auction is completely free from encroachment and furthermore as per Clause 29 of the terms and conditions of the auction and Clause 15 of the allotment letter, the site has been auctioned on "as is where is" basis. The petitioner is stated to be a resident of Bathinda having two other diagnostic facilities nearby, namely, Adesh Medical Centre Private Limited and Pioneer Imaging and Diagnostics (as specified in the affidavit dated 07.04.2014 of the Chief Administrator, Bathinda Development Authority) and thereby was fully aware of the location of the site. The encroachment on the area beyond 80 feet wide road abutting the site in question is admitted. However, this habitation is stated to be in existence since the last 25 years and not a new/recent development.;