HOSHIARPUR IMPROVEMENT TRUST Vs. MAJOR AMRIT LAL SAINI

JUDGEMENT

(1.) -THESE two appeals arise from a common order passed by the State Commission on a complaint filed by Major Amrit Lai Saini (appellant in First Appeal No. 675 / 2003) alleging deficiency in service on the part of the Hoshiarpur Improvement Trust (H. I. T.) (appellant in First Appeal No. 358/2003 ).

(2.) VERY briefly the facts leading to filing the complaint were that, undisputedly, the land belonging to the family of the complainant Major Amrit Lal Saini was acquired by the Hoshiarpur Improvement Trust for which compensation was also paid under a scheme titled, The Punjab Town Improvement (Utilization of Land and Allotment of Plot) Rules , 1975. The displaced persons were entitled to allotment of plots. As per material on record, earlier the sister of the complainant had applied for allotment of plot, being an oustee, but that was rejected by the State Government of Punjab, vide letter dated 21. 2. 85. It is the case of the complainant that he had earlier applied in 1983 for plot but that was not entertained by the Improvement Trust, hence he again applied on 26. 3. 1987 and after lot of delay on the part of Hoshiarpur Improvement Trust, they allotted a plot only on 26. 7. 1999 but at the enhanced rate of Rs. 1,000 per sq. yard, against which a representation was made by the complainant to the State Government, who reduced to Rs. 275 per sq. yard vide Government's letter dated 22. 10. 1999 with a specific reference that "this price may not be considered in other cases. " The complainant was not satisfied with this relief.

(3.) IT is in these circumstances, a complaint was filed before the State Commission praying for direction to allot the plot @ Rs. 70 per sq. yard and not Rs. 275 per sq. yard being demanded from him. The matter was contested and the State Commission after hearing both the parties directed that the complainant being a displaced person is entitled to the allotment of plot on the same rate under Rules, 1975, which was prevalent at the time of original allotment and have been allotted to the other displaced persons in the similar situated position and circumstances. The opposite party-Hoshiarpur Improvement Trust was also directed to issue the revised allotment letter in view of above conclusion of this Commission. The opposite party was further directed to refund the excess amount, if charged, together with interest @ 9% p. a. from the date of deposit till payment and also to pay compensation of Rs. 25,000 towards harassment and mental agony. The complainant was awarded costs of this litigation which were assessed at Rs. 2,500.