STATE OF PUNJAB Vs. DHANJIT SINGH SANDHU
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
STATE OF PUNJAB
Dhanjit Singh Sandhu
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(1.) These appeals are directed against the judgment and order dated 8.1.2009 passed by the Punjab & Haryana High Court in C.W.P. No.8864 of 2007 and also order dated 27.3.2009 passed in Review Petition No. 112 of 2009, whereby the writ petition filed by the respondent was allowed and the order dated 23.12.2004 passed by appellant no.3 rejecting the application for refund of the extension fee received by the appellant in excess of the rates mentioned in Rule 13 of the Punjab Regional and Town Planning and Development Act, 1995 (in short '1995 Act') in the light of the judgment passed in C.W.P. No.13648 of 1998 (Tehal Singh vs. State of Punjab & Ors.) along with up-to-date interest has been set aside.
(2.) The facts of the case lie in a narrow compass.
(3.) The respondent was allotted a plot of land measuring 400 square yards bearing No.2177 at Durgi Road, Urban Estate Phase-II, Ludhiana vide allotment letter dated 1.4.1986. In terms of allotment, the respondent was required to complete the construction of building within three years from the date of issuance of the allotment letter after getting the plans of the proposed building approved by the competent Authority. The case of the respondent-writ petitioner is that there was no condition in the allotment letter for charging extension fee in the case of failure to complete construction of the building within the aforementioned period of three years nevertheless as per clause 15 of the allotment letter, the allotment was subject to the provisions of Punjab Estates (Development and Regulation Act), 1964 and the Rules and Policies framed thereunder.;
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