PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR AND VIKAS SURI, JJ.
Daulat Ram Bhatti – Appellant
Versss
State of Punjab And Others – Respondent
CWP-9717-2019
Decided on : 20-02-2025
JUDGMENT :
Sureshwar Thakur, J.
1. Since all the writ petitions involve a common question of law as well as common reliefs have been sought thereins, as such, all the writ petitions are amenable to become decided through a common verdict.
2. For the sake of brevity, the facts are taken from CWP-9717-2019.
3. Through the instant writ petition, the petitioner prays for the quashing of the impugned demand of Rs.7,50,000/- raised vide condition No.3 of the allotment letter dated 24.01.2019 (Annexure P-4). The said condition No.3, as carried in Annexure P-4 becomes extracted hereinafter.
"3. Additional price on account of actual measurement of plot being more than allotted/indicated size as per entitlement or due to enhancement in compensation of acquired land or due to increase in the cost of development otherwise due to delays beyond the control of GMADA and as per the scheme rate will be charged extra on prorata basis."
4. Initially since the present petitioners are transferees from the original allottees, therefore, it is imperative to also extract one of the letters of intent as became issued by the respondents vis-a-vis the initial original allottees. Resultantly, the contents of one such letter(s) of intent which is stated to be common to all the original allottees, thus becomes extracted hereinafter.
"1. As the basis of allotment is Revenue Record of Rights, if at a later stage it is found that the land owned/offered by you is less or some third party dispute/court case is bending with regard to the land or that you are not entitled/competent to make the offer, the LOI shall be deemed to have been canceled.
2. The allotment is subject to the provisions of Punjab Regional and Town Planning and Development Act 1995, read with the Rules, Regulations and policies framed there-under from time to time.
3. The Letter of intent is transferable, by way of sale, gift or otherwise with the prior permission of Estate Officer, GMADA, SAS Nagar subject to payment of 2.5% of the price of the plat at scheme rate and Rs. 2500/- for Residential and Rs.5000/- for Commercial as processing fee.
4. The plot shall be used only for the indicated purpose(s). In case of breach of such conditions, GMADA shall have the right to resume the plot under the provisions of Punjab Regional and Town Planning and Development Act 1995.
5. The said plot is being offered on "as is where is" basis.
6. Possession of plot shall be handed over to the allottee after completion of development Works.
7. Any change in address must be notified by registered A.D to Estate Officer, GMADA, SAS Nagar or through, e-mail eo@gmada.gov.in or website of GMADA wwwgmada.gov.in.
8. Subject to the provisions of the Act all the disputes and for differences which may arise in any manner touching or concerning this allotment shall be referred to the Sole Arbitrator Chief Administrator Greater Mohali Area Development Authority (GMADA) or any person appointed/nominated by him in this behalf. The award of such Arbitrator shall be final and binding on the parties. Arbitration shall be governed by the Arbitration and conciliation Act 1996, as amended from time to time.
9. While corresponding with GMADA, applicant is required to quote the Reference No. as cited above in the subject.
10. For special LOl's Only
The special LOI pertains to fractional share resulting from land Pooling Scheme and the same can be consolidated for residential/SCO/Booth/Small Booth subject to the condition that the aggregate of special LOl's equalises with the size of the respective plot of available size Consequently the Special LOI's will have to be returned in original for the issue of fresh LOI.
Note:- GMADA shall not be liable to consolidate the special LOI's into one LOI for any particular size in case plots of such size are not available for allotment."
5. A perusal of the land pooling policy issued by the Govt. of Punjab vide notification dated 19.06.2013 (Annexure P-2) and of the brochure of the allotment scheme (Annexure P-1)
The court reinforced that failure to execute necessary agreements and comply with payment terms nullifies any claims to land allotment rights, even where intentions to pay exist.
The binding nature of contract terms and conditions, and the voluntary acceptance of the contract by the petitioner.
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