URBAN ESTATE WELFARE SOCIETY Vs. STATE OF PUNJAB
LAWS(P&H)-2014-3-140
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 28,2014

The Urban Estate Welfare Society Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

Surya Kant, J. - (1.) THE petitioner is a Welfare Society of residents of Urban Estate, Phase -II, Jalandhar. The petitioner is aggrieved by the enhancement of allotment price of the residential plots allotted to its members by the Estate Officer, Urban Estate, Punjab.
(2.) THOUGH the petitioner has questioned the enhancement in allotment price on various grounds, however, during the course of hearing it could not be disputed on behalf of the respondent -authorities that no show cause notice or opportunity of hearing to the individual allottees and/or in a representative capacity was given before fastening the impugned liability. Since the allotment was made at the rate of Rs. 85/ - per square yard and a further enhancement of Rs. 21.75/ - per square yard has now been imposed on the allottees, it appears to us that an opportunity of hearing, may be in the representative capacity, ought to have been afforded to them and the objections, if any, raised by them ought to have been decided by passing a speaking order. Such a recourse having not been followed, we set aside the impugn notices with liberty to the respondents/their successor -in -office to serve afresh show cause notices to the individual allottees and/or their association, if there is any such legal -entity, and consider their objections, if any, against the proposed enhancement. The objections shall be disposed of by passing a speaking order within a period of four months from the date of receipt of such objections.
(3.) DISPOSED of.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.