- (1.) The challenge in the present writ petition is to an order of resumption of Booth No. 116 in Phase VII, Mohali passed by the Estate Officer, Punjab Urban Development Authority ('PUDA' for short) on 10.7.1991 along with the subsequent orders dated 10.4.1991 and 11.2.1992 passed in appeal and revision upholding the order of resumption, along with a prayer that the possession of the said Booth be restored to the petitioner. The petitioner was a migrant from Pakistan and settled in District Nainital (Uttar Pradesh) after partition of the country. The petitioner shifted from Nainital to Mohali on account of communal rites in 1984. The petitioner purchased a Booth bearing No. 116 in Phase VII, Mohali in an open auction on 26.7.1988 for a sum of Rs .2,60,000/- after having sold and disposed of his meager holdings in Nainital. Possession of the Booth was delivered to the petitioner after he deposited 25% of the total price. The petitioner started constructing the Booth in the year 1989 for running a small business therein but defaulted in making regular payment towards the booth price on account of ill health nor was he able to run his business successfully.
(2.) Since the petitioner defaulted in making regular payments towards the installments due, a resumption order was passed by the Estate Officer on 24.5.1991. Against the said order of resumption, the petitioner preferred an appeal under Section 11 of the Punjab Urban Estate (Development and Regulation) Act, 1964 (in short 'the Act'). Before the Chief Administrator, Urban Estates, Punjab it was argued that it was on account of financial constraints that the installments were not paid and that the petitioner would be ready and willing to make the payment of the installments in case the same are re-scheduled. Keeping in view the financial position of the petitioner and his willingness to make the payment, the appeal was allowed on 4.10.1991 subject to the petitioner making the entire payment in lump sum within a period of four months failing which the resumption order would stand. The petitioner was given time to make the repayment in one installment. However, the petitioner filed a revision under Section 11 (4) of the Act requesting for re-scheduling the installments and the same was declined. The Revisional authority keeping in view the financial condition of the petitioner, extended time for making the entire payment due, along with interest, within a period of six months. Since the petitioner was unable to make the payment within the stipulated period, the Estate Officer ordered 10% forfeiture of the amount deposited by the petitioner and directed the petitioner to collect the remaining amount of Rs.39000/-.
(3.) The Estate Officer, PUDA also issued notice under Section 46 (1) of the Punjab Regional Town Planning and Development Act, 1955 showing an outstanding of Rs.1,21,387/- towards installments, interest and penalty. The petitioner was required to appear before the Estate Officer on 26.1.1996. But before the next date of hearing, the petitioner deposited a sum of Rs. 21,387.50 on 11.1.1996. The petitioner requested by a letter dated 27.2.1996 for intimation about the total sum of money due and payable against the Booth to Magistrate-cum-Estate Officer, PUDA, Mohali. Thereafter, a sum of Rs.One lakh was deposited by the petitioner on 30.12.1996. A request was also addressed to the Chief Administrator, PUDA for release of the possession of the Booth. The petitioner made several requests to the authorities to consider the matter afresh especially in view of the fact that the Magistrate-cum-Estate Officer had allowed the petitioner to make the payment towards the defaulted payment of the price of the booth.;