JUDGMENT

Mr. G.S.Sandhawalia, J.

The challenge herein is raised to the order dated 21.02.2023 (Annexure P-13) whereby the revision of the petitioner has been dismissed under Section 45(8) of the PUNJAB REGIONAL AND TOWN PLANNING AND DEVELOPMENT ACT , 1995 (in short 'the Act') thus upholding the cancellation order dated 31.12.2013 (Annexure P-4), which had been upheld in appeal on 12.03.2014 (Annexure P-5) of a plot measuring 500 square yards. The said orders are also under challenge in the present petition filed under Articles 226 and 227 of the Constitution of India.

2. The reasoning which weighed with the Revisional Authority to dismiss the same was that the petitioner had been declared successful in the draw of lots for the plot of 500 square yards in Aero City Scheme at Mohali and had been issued a letter of intent dated 10.03.2011 (Annexure P-2). He was required to deposit a sum of Rs.9,00,000/- being the balance of 25% of the total price of the plot within 30 days from the date of issuance as per Condition No.5 of the Letter of Intent. On his failure to deposit the same, the cancellation of the said letter of intent had been done and Rs.6,00,000/- had been forfeited. The explanation that the amount could not be deposited was rejected on the ground that the medical treatment of the mother of the petitioner was prior in point of time before the letter of intent was issued and at the time of filing an application for allotment of the plot, he was aware of the medical exigency and should not have applied for the same. The maximum delay was 180 days which could be condoned and the delay beyond that was held not to be condonable.

3. Counsel for the petitioner has tried to convince us that in similar circumstances in cases of two allottees, the Division Bench in CWP-23196- 2014, Bachittar Kaur v. State of Punjab and others and CWP-6434-2015, Smt. Usha Virdi v. State of Punjab and others dated 08.09.2015 (Annexure P-6), similar relief had been granted for condoning the delay beyond 6 months and the State had been directed to consider their cases, which had accordingly been done in an affirmative manner. Reliance is accordingly placed upon the orders dated 24.12.2015 (Annexure P-7) and 12.07.2016 (Annexure P-8) wherein, in pursuance to the order of the Division Bench, the necessary benefits had been granted and the letter of intent had been restored. It is submitted that the said orders were also challenged by The Greater Mohali Area Development Authority unsuccessfully and the writ petitions i.e. CWP Nos.10203 of 2017 and 14909 of 2016 had been dismissed on 21.08.2019 and 28.04.2021 (Annexures P-9 and P-10, respectively). Accordingly, it is contended that the petitioner is also liable to be granted the said relief of reconsideration.

4. After hearing the counsel for the petitioner and also having been assisted by Mr. Jauhar on account of having an advance copy, we are of the considered opinion that there is no merit in the writ petition and the same requires dismissal at the threshold. Apparently, the letter of intent was issued on 10.03.2011 and as per Clause 5, the balance 15% of the total price of the plot was to be payable within 30 days from the date of issuance of the letter of intent since 10% had already been deposited with the initial application. Clause Nos.5, 16 and 19 of the Letter of Intent read thus:-

"5. A sum of Rs. 9,00,000 being 15% of total price of lot shall be payable within 30 days from the date of issue of this letter of intent.

16. In case of refusal of this offer such refusal should be conveyed in writing through a registered post within 30 days from the date of i