Court upheld the petitioner's rights based on principles of natural justice and promissory estoppel, quashing arbitrary administrative decisions regarding plot allotment.

JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner has prayed for the issuance of a writ in the nature of Certiorari, wherebys he seeks the quashing of the order dated 20.01.2016 (Annexure P-17), as became passed by the respondents, wherebys the petitioner's claim for allotment of the subject plot became rejected. Furthermore, the petitioner also seeks the quashing of order dated 06.12.2012 (Annexure P-10) whereby the resolution dated 30.03.2012, as passed by respondent No.2, became rejected by respondent No.1, besides seeks the quashing of the order dated 04.08.2000 (Annexure P-5), passed by respondent No.2 wherebys the allotment of plot bearing No.1005-G, measuring 125 sq. yards situated in Shaheed Bhagat Singh Nagar, Ludhiana to the petitioner (Annexure P-4) through lucky draw, stood cancelled.

2. A further prayer is made for the issuance of a mandamus, thus directing the respondents to allot and give physical possession to the petitioner of plot No.1005-G, measuring 125 sq. yards, situated in Shaheed Bhagat Singh Nagar, Ludhiana.

FACTS OF THE CASE

3. The brief facts of the case, are that the Town Improvement Trust, Ludhiana, (Punjab) (hereinafter referred to as the Trust') invited applications from the general public in the year 1982, rather for allotment through lucky draw, of several 125 square yards residential plots under 475 acres scheme. The petitioner was then residing in Haryana and was fully eligible to apply for the said plot. He had vide application dated 26.11.1982 applied for a plot measuring 125 sq. yards. The said application became accompanied by all the requisite documents. The petitioner had also vide receipt No.48179 dated 26.11.1982, thus deposited the requisite earnest money of Rs.950/- in the office of Trust. The application of the petitioner became allotted registration No.1673.

4. The lucky draw of plots was conducted by the Trust, on 10.09.1999, and plot No.1005-G of 125 sq. yards was allotted in favour of the petitioner. The Trust did not give any intimation, regarding the date of draw of lots or qua the result of the draw to the petitioner, thus at his registered address or at any other address, rather either before or after the lucky draw. Therefore, the petitioner was not aware of the date of conducting of the draw of lots or whether the allotment of the plot is made in his favour or anything else about the draw or the allotment of the plot(s).

5. Subsequently, the then Chairman of the Trust vide a blanket order No.LET/2000/7920 dated 04.09.2000 (Annexure P-5), cancelled the allotment of all the 19 plots as made to the successful allottees, thus in the draw which became conducted, on 10.09.1999.

6. In the year 2006, the petitioner from a known person from Ludhiana, came to know about the draw by the Trust, and about the allotment of the subject plot in his favour. Soon thereafter the petitioner went to the office of the Trust to know the fate of his application. On enquiry, the petitioner came to know both about the conducting of the draw of plot in his favour and also about the allotment of the subject plot, in the year 1999, and subsequently he was also awakened about the cancellation of the allotment rather on the ground, that his application was lost. Then the officials of the Trust informed the petitioner, that the plot can be restored to him, on an application being submitted along with the necessary documents. Immediately, on 06.11.2006 the petitioner moved an application (Annexure P-6) to the Chairman of the Trust along with necessary proof(s), whe