ORDER :

Leave granted.

2. In response to an advertisement issued by the Chandigarh Administration on 14.04.1981, the respondent applied for allotment of plot in Industrial Area Phase-II, Chandigarh and deposited Rs. 5000/- as earnest money. In all, 3735 applications were received by the administration for allotment of the plots of different sizes. In the draw held on 30.11.1982, the respondent was allotted Plot No.1289. However, possession of the plot could not be given to him because the Central Government had, after taking cognizance of the fact that large portion of Industrial Area Phase-II, Chandigarh had been declared as a reserved forest in 1961, directed the Chandigarh Administration to stop further action in the matter of allotment of plots.

3. Some of the allottees filed writ petitions in the Punjab and Haryana High Court in 1987 for issue of a direction to the appellants to deliver possession of the plots allotted to them in 1982. During the pendency of the writ petitions, the Chandigarh Administration decided to accommodate 250 allottees by giving them plots of smaller size at another location. In furtherance of that decision, letter dated 05.02.1991 was issued to the allottees and they were asked to give consent for allotment of the plots of smaller size. Some of the allottees gave their consent but many others did not do so. Instead they filed writ petitions and prayed for issue of a direction to the appellants to hand over possession of the plots already allotted.

4. All the writ petitions were dismissed by the learned Single Judge of the High Court on 15.11.1991. The letters patent appeals filed by the unsuccessful petitioners and fresh writ petitions filed by the non-consentees were disposed of by the Division Bench of the High Court vide judgment dated 30.08.2001, the relevant extracts of the operative portion of which read as under:

"1. The prayer of the appellant-petitioners for directing the authorities of the Chandigarh Administration to hand over possession of the plots allotted on the basis of draw held in November 1982 is rejected.

2. However, the authorities of the Chandigarh Administration are directed to issue allotment letters to those appellant-petitioners who had given consent for allotment of alternative plots of smaller sizes and who were successful in the draw held on 27-3-1991. They should be charged price at the rate prevailing on the date of draw.

3. Those who were declared successful in the draw held on 27-3-1991 but cannot be allotted plots due to non-availability of sufficient land in the wake of prohibition imposed vide notification dated 5-1-1988 shall be allotted plots in any other scheme already framed or which may be framed hereafter by the Chandigarh Administration.

4. Those who were declared successful in the draw held in 1982, but did not give consent for allotment of alternative plots shall be refunded the amount deposited by them with interest at the rate of 12% from the date of deposit till the date of actual payment.

5. Within one month from the date of receipt of this order, the Chandigarh Administration shall get published in The Tribune the list of the applicants who had given consent for allotment of alternative plots and were declared successful in the draw held on 27-3-1991 specifying the number of plots earmarked for them.

6. Notification dated 28-4-2000 is held inapplicable and inoperative qua the allotments made to the appellant-petitioners on the basis of the draw held on 27-3-1991."

5. The special leave petitions filed against the aforesaid judgment of the Division Bench of the High Court were entertained and disposed of by this Court vide judgment titled Hira Tikkoo v. Union Territory, Chandigarh and others (2004) 6 SCC 765 : 2004 (2) HRR 152 S.C. The question whether the doctrine of estoppel could be invoked for compelling the Chandigarh Administration to deliver possession of the plots to the successful applicants was answered by this Court in negative by making the followi