Hemant Gupta, J. - (1.) CHALLENGE in the present writ petition is to a communication dated 09.01.1991 (Annexure P -3), whereby the allotment of dwelling unit No. 152/1, Sector 45 -A, (HIG -I), Chandigarh, was cancelled.
(2.) THE Housing Board advertised for allotment of dwelling units (HIG -I) in Sector 45 -A, Chandigarh. The petitioner applied for dwelling unit by enclosing a demand draft of Rs. 11,250/ - as the initial deposit. The petitioner was allotted dwelling unit No. 152/1, (HIG -I), Sector 45 -A in the draw of lots. A letter of allotment was issued on 31.07.1990. As per conditions of the allotment letter, the petitioner was required to pay Rs. 1,31,481/ - and to submit documents mentioned therein within 30 days from the date of issue of letter, failing which the allotment was contemplated to be cancelled. The relevant clause reads as under: In case you accept the allotment you shall deposit a sum of Rs. 1,31,481/ - and the documents as detailed below within 30 days from the date of issue of this letter (the last day being hereinafter referred to as the due date) failing which allotment/tenancy shall be deemed to have been cancelled and your deposit will be refunded after forfeiting such amount as provided in clause 19 of this letter: The petitioner neither deposited the amount demanded nor furnished the documents within time granted, which led to the issuance of letter dated 09.01.1991 that the allotment stands cancelled. Though, the petitioner claims to have deposited Rs. 1,50,000/ - on 19.12.1990 and another sum of Rs. 3,000/ - but it is asserted that in fact such amount was deposited by Respondent No. 3 to whom, the petitioner sold the dwelling unit. The petitioner was asked to apply for refund of the amount deposited. The petitioner submitted a representation to the Chairman of the Board, which was considered on 25.07.1994 and again on 08.09.1994 and declined.
(3.) IN reply, the stand is, that the cancellation was intimated on 09.01.1991, whereas the writ petition was filed on 14.09.1994 i.e. after three years. The same was liable to be dismissed on the ground of delay. It is also pointed out that an FIR was lodged against the petitioner as he had sold his rights and interest in the dwelling unit allotted to him through execution of a power of attorney and the alleged purchaser lodged an FIR against him. It has also been pointed out that the petitioner sought an extension for depositing the amount by 30.09.1990, but the same was not deposited. Therefore, the cancellation of the allotment was approved by the Chairman of the Board on 22.12.1990. The letter of cancellation was received back undelivered with the report that 'address is not available'. The letter was again sent by hand and was informed that 'no such person is residing at the given address'. The cheque of refund of Rs. 1,45,566/ - was prepared and the petitioner was requested to submit an advance receipt to take refund. It is asserted that the petitioner is not entitled to recall of the cancellation of allotment letter.;