SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(P&H) 1164

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

Advocates Appeared:
For the Appellant :Mr. S.S. Rangi, Advocate Mr. Ramanpreet Singh, Advocate Mr. Didar Singh, Advocate Ms. Sukhanpreet Kaur Rangi, Advocate and Mr. Fateh Sahota, Advocate Mr. Jasdev Singh Mehndiratta, Advocate Ms. Jyotnoor Kaur Sethi, Advocate and Mr. Navreet Dhaliwal, Advocate Ms. Manvi Singla, Advocate for Mr. Rajesh Punj, Advocate Mr. Jaskaran Singh, Advocate (through VC) Mr. Rajan Rai, Advocate for Mr. Manoj Pundir, Advocate Mr. Rajeev Anand, Advocate Mr. Bikramjit Singh Bajwa, Advocate Mr. Pawan Singh, Advocate for Mr. Vijay Pal, Advocate Mr. Sanjeev Soni, Advocate Ms. Mona Yadav, Advocate Mr. J.S.Rana, Advocate Mr. Harish Goyal, Advocate Mr. Harsh Manocha, Advocate Mr. Naresh Kaushal, Advocate and Mr. Nitish Kaushal, Advocate Mr. Chander Pal Tiwana, Advocate and Ms. Swati Tiwana, Advocate Mr. Mohit Jaggi, Advocate Ms. Suman Jain, Advocate Mr. Shubham Jain, Advocate and Mr. Rishabh Jain, Advocate Mr. Rai Singh Chauhan, Advocate Mr. Amandep Saini, Advocate Mr. Rahul Sharma, Advocate and Mr. S.Garg, Advocate Mr. Pankaj Middha, Advocate Mr. Amandeep Saini, Advocate Mr. Pradeep Sharma, Advocate Mr. Mohit Kapoor, Sr. Deputy Advocate General, Punjab. Mr. Maninder Singh, Sr. DAG, Punjab (in CWP-6659-2020) Mr. V.G. Jauhar, Advocate and Mr. Ranwant Sangha, Advocate
For the Respondent:Mr. Ankur Mittal, Advocate Mr. Sandeep Chabbra, Advocate Ms. Kushaldeep Kaur, Advocate Ms. Saanvi Singla, Advocate and Mr. Siddharth Arora, Advocate (Amicus Curiae). Ms. Manveen Narang, Advocate Mr. R.S. Khosla, Senior Advocate with Mr. Yogender Verma, Advocate Ms. Anu Chatrath, Senior Advocate with Mr. Nishant Maini, Advocate Mr. Birinder Singh, Advocate

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)

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top