PREM CHAND JAIN,J. - (1.) THIS judgment of ours would dispose of C. W. P. No. 1713 of 1975, filed by Surjit Singh and others, C, W. P. No. 3136 of 1975 filed by B. N. Ganjoo and others; C. W. P. No. 4092 of 1976 filed by Hussan Lal and C. W. P. No 4427 of 1976 filed by Ajit Singh Sually, as common question of law arises in all these petitions.
(2.) C . W. P. No. 1713 of 1975 filed by Surjit Singh and others came up for hearing before M. R. Sharma J. on May 31, 1977. The learned Judge, after hearing the arguments arrived at a conclusion that the case involved a substantial question of law and consequently referred the matter for decision to a larger Bench. That is how this petition, along with the other three petitions referred to above, has been placed before us. In order to appreciate the controversy, it is necessary to notice certain facts which are being narrated from C. W. P. No. 1713 of 1975, and read as under:-The Punjab Government notified a scheme on August 3, 1989, framed under the Punjab Urban Estates (Development and Regulation) Act, 1964 (hereinafter referred to as the Act) and the Punjab Urban Estates (Sale of Sites) Rules, 1965 (hereinafter referred to as the Rules), for setting up Urban Estates at various places in Punjab, including Mohali near Chandigarh. The petitioners, who were interested to purchase the plots in response to the said scheme which was widely advertised, applied within the time specified, i. e. , by August 31, 1969, for purchase by allotment of plots measuring 7 1/2 Marlas to 1 Kanal in the Urban Estate, Mohali, and enclosed with their respective applications demand draft covering 10 per cent. of the sale-price according to Rule 5 of the Rules. After the submission of the applications, the petitioners waited for allotment of the plots, but did not hear anything from the Government, Thereafter, the petitioners learnt that arbitrary allotments had been made by drawing lots in favour of certain favourites of the respondents in contravention of the provisions of the scheme, the Act and the Rules, and in this manner, the principle of 'first come first served' had been completely ignored.
(3.) IT is further stated that the respondents instead of making allotments to the petitioners in accordance with the terms and conditions of the scheme earlier published, have been arbitrarily making fresh schemes with regard to the allotment of plots in Mohali, and under the new scheme the petitioners have now received a memorandum (copy Annexure P-2 to the petition) from the Estate Officer, Urban Estates, Punjab, Chandigarh, calling upon the petitioners to remit the balance of the price of the land fixed at Rs. 58.00 per square yard. The petitioners, through this writ petition, have called in question the scheme made by the respondents demanding an inflated rate of Rs. 58.00 per square yard from the petitioners, and also for drawing lots and allotting plots to the persons who had submitted applications after the date on which the applications were filed by the petitioners.;