P.B. Bajanthri, J. - (1.) In this petition, the petitioner has questioned the orders dated 09.05.1991 (Annexure P -8), 30.05.1991 (Annexure P -10), and 03.04.1992 (Annexure P -14) by which allotment of flat was firstly stayed and then nullified.
(2.) Petitioner while working as Executive Officer, Municipal Council, Kotkapura, was transferred to Improvement Trust, Ludhiana on 03.10.1990. Accordingly, petitioner joined Improvement Trust, Ludhiana as an Executive Officer. Allotment of flats/plots under the Town Improvement Trust is governed by the Rules called as Town Improvement Trust (Utilization of Land and Allotment of Plots) Rules, 1983 (hereinafter for short referred as "1983 Rules"). It provides 2% quota flats/plots to be reserved for employees of Improvement Trust for the period from 1983 to 2005. The petitioner being Executive Officer, Improvement Trust, Ludhiana submitted an application on 24.01.1991 for allotment of plot/flat under the '8.4 Acres Scheme' or '5.53 Acres Scheme' of the Trust on the premise that he is a "Trust Employee" On 31.01.1991, a resolution was passed for allotment of one flat under '5.53 Acres Scheme' subject to approval from the Government (Annexure P2). The State Government vide communication dated 13.03.1991 made it clear that approval of the Government is not required and Trust may take action after following procedure under Rule 11 of the 1983 Rules. Consequently, with reference to the resolution it was proposed to allot flat No. 38 F.F. to the petitioner under '5.53 Acres Scheme' on 19.04.1991 (Annexure P4). Thereafter, allotment letter was issued on 02.05.1991 and on 08.05.1991, petitioner paid a sum of Rs. 52,500/ - towards its price. Subsequently, on 13.05.1991 agreement to sell was also executed.
(3.) It was noticed that Mr. Gupta Ram one of the Trust employee had approached this court relating to allotment of flat No. 38FF under '5.53 Acres Scheme' which flat was allotted to the petitioner. In this background, petitioner requested Chairman, Improvement Trust, Ludhiana to allot alternative flat.;