PUNJAB AND HARYANA HIGH COURT AT CHNADIGARH
SURESHWAR THAKUR AND VIKAS SURI, JJ.
Rajiv Kumar – Appellant
Versus
Punjab Small Industries And Export Corporatio Limited And Others – Respondent
CWP No. 12959 of 2011 (O&M)
Decided on : 20-02-2025
JUDGMENT :
Sureshwar Thakur, J.
1. Since all the petitions (supra) arise from a common advertisement, therefore, all the petitions (supra) are amenable to be decided through a common verdict being made thereons.
CWP Nos. 12959 of 2011, 12814 of 2011, 5364 of 2011, and 12689 of 2011
2. The writ petitions (supra) have been filed by the petitioners seeking a direction upon the respondent-Corporation concerned, to include their names in the draw of lots, which were to be held on 25.7.2011.
3. Moreover, in CWP No. 12689 of 2011 the petitioner also seeks the quashing of the letter dated 24.6.2011, wherebys he was informed that in the meeting held on 5.4.2011, he was found ineligible by the allotment committee. However, through an order dated 20.7.2011, passed by this Court, the petitioner was allowed to participate in the draw of lots, and in the said draw of lots, he was successful. The said order becomes extracted hereinafter.
"Notice of motion for 16.8.2011.
The respondent is directed to produce the entire record with respect to the proceedings of the allotment committee wherein the petitioner was found to be ineligible. The respondent shall also produce the eligibility criteria framed by the allotment committee at the time of consideration of the petitioner's application.
The petitioner shall be allowed to participate in the draw of lots scheduled to be held on 25.7.2011.
The petitioner's participation, however shall not confer any right upon the petitioner."
4. For brevity, the facts are being taken from CWP No. 12959 of 2011.
5. The Punjab Small Industries and Exports Corporation Limited (the respondent corporation) issued an advertisement on 13.8.2004, contents whereof are extracted hereinafter, inviting applications for the allotment of industrial plots measuring 500 square yards in the Industrial Growth Centre/Focal Point, Mohali. In response to the said advertisement, the petitioner submitted an application No. 3545 and also deposited a sum of Rs. 1.00 lac, as earnest money in the Central Bank of India vide receipt dated 27.8.2004. It is further averred thereins, that vide letter dated 10.11.2004, the respondent corporation asked the petitioner to appear for the interview on 20.11.2004 at 10.00 A.M., and, in response thereto, the petitioner appeared for interview on the said date. However, since no decision with regard to the allotment of the subject plot became communicated to him, thereupon he wrote a letter in December 2007 to the respondent-Corporation, to allot an industrial plot to him, to which also no reply was given by the respondent-Corporation. Subsequently, the petitioner sought information on 20.3.2008 under the RTI Act with regard to the status of allotment of industrial plot to him. In response thereto, the petitioner received a communication from the department concerned, that owing to the pendency of an SLP No. 1969 of 2006 titled as Jasbir Singh Chhabra and others versus State of Punjab etc., the matter regarding allotment of industrial plots has not attained finality, and, that the appropriate decision on his application would be taken after the outcome of the SLP (supra). It is further averred in the instant petition, that on 7.3.2011, a news item appeared in HT Live, that the draw of plots would be held by the respondent-Corporation on or about 31.3.2011, and, that the respondent-Corporation has been writing letters to the eligible candidates for payment of revised price. However, since the petitioner did not receive any such letter from the respondent-Corporation, therefore, he wrote letter dated 28.3.2011 asking the respondent-Corporation to include his name in the draw of lots for allotment of the industrial plot. However, no reply has been received from the respondent-Corporation.
6. It is also averred that on 16.7.2011, a news item was published in The Tribune' newspaper, that the draw of lots for industrial plots (supra) will be held on 25.7.2011. On the same day, the petitioner visited the office of the res
The court emphasized the legal principles related to the disposal of public properties, legitimate expectations, and the authority's discretion in allotment decisions.
Court upheld the petitioner's rights based on principles of natural justice and promissory estoppel, quashing arbitrary administrative decisions regarding plot allotment.
Point of law: The doctrine of promissory estoppel is by now well recognized and well defined by a catena of decisions of this Court. Where the Government makes a promise knowing or intending that it ....
No vested right is established from bid submission; rejection of bid is valid when corporation ensures public interest and current market rates prevail.
it is clear that generally, the Court should not exercise its writ jurisdiction to enforce the contractual obligation. It is designed to promote justice. The grant or refusal of the writ is at the di....
The court emphasized that failure to comply with payment directives, as mandated by public notice, results in cancellation of allotment, and timely action to enforce rights is critically important.
A review petition cannot be treated as an appeal; it is limited to specific grounds such as new evidence or apparent errors, and prior cancellation of registration extinguishes any claim to allotment....
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