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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Daulat Ram Bhatti – Appellant
Versus
State of Punjab – Respondent
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 su
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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