A.S.Bains, J. - (1.) THE Chandigarh Administration some -time in the end of year 1968 framed a scheme for the allotment of plots in Sector 38 as also in other developed Sectors for the Indians settled abroad. This scheme is stated to have been framed under Section 3(1) of the Capital of the Punjab (Development and Regulations) Act, 1952 (hereinafter called the Act). The scheme (Annexure P1) is in the following terms: A copy of the plan indicating the location of various Sectors and distribution of plots is enclosed for reference and information. IN order to help the Indians residing abroad in settling at Chandigarh, it has been decided to reserve Sector 38 for them. A brief sketch of these sub -Sectors showing various sizes and location of plots as well as their serial Nos. is also enclosed for reference. Plots in the developed Sectors may also be allotted subject to availability. Plots will be allotted to those Indians who wish to settle in this Sector, out of the plots shown in this plan. As such you are requested to indicate your preference in respect of the plot or plots you want to purchase. Efforts will be made to allot a plot of your choice, in case there is no claimant for the same. In the event of more than one claimant in respect of one plot, lots may be drawn and plots will be offered accordingly. THE price is based on the average price fetched by similar category of plots in the last 2 auctions. The price of different categories of plots at present is as under: (i) x x x (ii) x x x (iii) x x x (iv) Rs. 33.60 per square yard for plots of 2 Kanal category (1000 square yards) (v) x x x (vi) x x x You are requested to remit 10 per cent of the price of the plot you require as earnest money to the Estate Officer, Chandigarh Administration, Chandigarh, within 21 days of receipt of this letter. The balance amount would be payable within two months from the date of allotment. In para 4 of the scheme, it is mentioned that the price of a 2 Kanal plot would be @ Rs. 33.60 per square yard and that 10% of the price of the plot is required to be remitted as earnest money along with the application for allotment of the plot. It was in accordance with this condition that the Petitioner, who is an Indian settled in Malaysia, submitted an application for allotment of a 2 Kanal plot on January 31, 1969 (anneXure P2) by anneXing a bank draft of Rs. 3,460/ -, being 10 per cent of the purchase price of the plot. In the forwarding letter (anneXure P4) vide which the Petitioner had sent the application for allotment of the plot, he had mentioned his preference for 3 or 4 Kanal plots and had further stated that in case any plot of his preference was not available, he may be consulted before an alternate allotment is made. The Petitioner heard nothing from Respondent No. 3 for seven months. So he sent a reminder letter on July 12, 1969 (anneXure P5). However, Respondent No. 3 acknowledged the receipt of the demand draft of Rs. 3,360/ -, vide letter dated August 29, 1969 (anneXure P6). In a subsequent letter dated September 24, 1969 (anneXure P7) Respondent No. 2 informed the Petitioner that as 3 or 4 Kanal plots were not available for allotment in Sector 38 he might intimate if he was willing to have a two Kanal plot in the said Sector. This letter was superfluous because the Petitioner had already stated in his application for allotment of plot (anneXure P4) that he be allotted 1,000 square yards (2 Kanals) plot and accordingly he had sent bank draft for Rs. 3,360/ - being 10% of the price of the plot. It was averred that the matter again remained pending for a considerably long time and the Petitioner sent a letter dated October 12, 1970 (anneXure P8) and another letter dated June 20, 1972 (anneXure P10) to Respondent No. 3. who ultimately vide letter dated July 15, 1972 (anneXure P11) informed him that his cases for allotment of plot had been referred to the Government and that he would be informed as and when the decision was arrived at.
(2.) Having not been informed of the decision of the Government for another three months, the Petitioner wrote letters dated October 10, 1971 (anneXure P12) and dated March 7, 1973 (anneXure P14) and was ultimately informed by Respondent No. 2, vide memorandum dated September 3, 1974 (anneXure P15) that a plot of one kanal was proposed to be allotted to him in Sector 38 at the rate of 104 per square yard and that the allotment will be on lease -hold basis and besides premium, ground rent shall be charged. It was further mentioned in this memorandum that the rate of Rs. 104/ - per square yard was subject to alteration in case another auction was held before actual allotment of the plot to the Petitioner. The Petitioner then submitted a representation dated September 28, 1974 (anneXure P 16) to Respondent No. 2 who vide memo dated November 23, 1974 (anneXure P 17) informed the Petitioner that a plot cannot be allotted to him at the rate of Rs. 33.60. The Petitioner then saw the Chief Commissioner who refused to intervene. It is against this attitude of Chandigarh Administration and the impugned order (anneXure P. 15) that the present writ petition has been filed.
(3.) Return has been filed on behalf of the Chandigarh Administration wherein a preliminary objection has been taken that no legal right of the Petitioner has been infringed and, therefore, this petition is not competent. It is stated that the sale of plots by the Chandigarh Administration to any party is a matter of contract; that the application for allotment of the plot made by the Petitioner was only an offer to purchase a certain plot at a certain price and that the Chandigarh Administration was within its right to accept or reject the offer.;