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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Ishar Singh Walia (Since Deceased) Through Lrs. – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner herein, prays for the hereinafter extracted relief.
"Writ of mandamus directing the respondent No. 2 to allot to the petitioner a residential plot measuring 250 sq. yards @ Rs. 125/- per sq. yard (the rate prevalent in the year 1982 -when the application 'was made) in 475 acres scheme known as Shaheed Bhagat Singh Nagar Scheme or any other appropriate scheme of the respondent Trust "
Factual Background
2. The petitioner in response to an advertisement dated 28.12.1981 (Annexure P-1), applied for the allotment of plot measuring 250 sq. yards. The said scheme was floated by the Ludhiana Improvement Trust for allotment of plots in Raj Guru Nagar. However, the petitioner was not successful in the draw of lots, as became held in October, 1982 vis-a-vis the said scheme.
3. Thereafter, the respondent Trust published another advertisement (Annexure P-3), wherebys, applications became invited for allotment of plots under various categories, through the conducting of draw of lots, thus, in Shaheed-e-Azam Bhagat Singh Nagar. In condition No. 3 of the said advertisement, condition whereof, is extracted hereinafter, it
Court upheld the petitioner's rights based on principles of natural justice and promissory estoppel, quashing arbitrary administrative decisions regarding plot allotment.
Discretionary quotas must satisfy criteria of reasonableness as required by Article 14 of the Constitution.
Petitioners cannot challenge allotment amounts after acquiescing to the allotment orders and making partial payments, as they were unauthorized occupants without valid claims.
The main legal point established in the judgment is the interpretation and application of Rule 17 of the DDA (Disposal of Developed Nazul Land) Rules, 1981, which governs the allotment of Nazul land ....
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
Authority must provide preferential land allotment to disabled persons per applicable legislation; arbitrary cancellations and excessive interests are unjust.
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