IMPORTANT POINTS
Some relief granted inadvertently or by mistake cannot confer any legal right to other persons to claim same relief.
Anything done in undue haste would be “arbitrary and cannot be condoned in law”.

JUDGMENT

Dr. B.S. Chauhan, J. —

1.This is a unique case which reveals that an influential person can have allotment of a residential plot in discretionary quota within 48 hours of submission of application and then assert in Court that she has a right to have a land on a throwaway price and not to deposit the sale price for quarter of a century.

2.This appeal has been preferred against a Judgment and Order dated 21.12.1999 in Writ Petition No. 4763 of 1992 of the High Court of Punjab & Haryana at Chandigarh, dismissing the petition against the Demand Notice of additional price for residential plot.

3.Facts and circumstances giving rise to this case are that the appellant made an application on 23.02.1987 for allotment of a residential plot in Urban Estates, SAS Nagar, Punjab. The Administration, vide letter dated 25.02.1987, issued the allotment letter in favour of the appellant in respect of plot No. 702, measuring 400 sq. yards in Sector 70 Urban Estate SAS Nagar, making it clear that as the proper calculation could not be made and tentative price had not been determined, the allottee has to deposit provisional price of Rs. 93000/- in four installments upto 15.10.1989. Subsequently, vide letter dated 25.03.1992, additional demand of Rs. 2,19,000/- was made, however, instead of depositing the said amount, appellant challenged the said Demand Notice by filing Writ Petition No. 4763 of 1992 before the High Court of Punjab & Haryana contending that the additional demand was arbitrary and unreasonable. A large number of similar cases were also pending before the High Court and some had earlier been disposed of. However, the Writ Petition filed by the appellant has been dismissed by the High Court vide impugned Judgment and Order dated 21.12.1999 upholding the demand dated 25.03.1992. Hence this appeal.

4.Sh. Vijay Hansaria, learned senior counsel appearing for the appellant, has submitted that the High Court committed an error in dismissing the said Writ Petition relying upon the Judgment of this Court in Preeta Singh & Ors. Vs. Haryana Urban Development Authority & Ors.1 (1996) 8 SCC 756. In D.S. Laungia & Anr. Vs. The State of Punjab & Ors.2 AIR 1993 Pub.&Har. 54, such unreasonable and arbitrary demand had been quashed by the High Court and the State Government was issued direction to re-determine the amount taking into consideration the provisions of the Punjab Urban Estate (Sale of Sites) Rules, 1965 (hereinafter called as, “the Rules”) and provisions of Punjab Urban Estates (Development and Regulation) Act, 1964 (hereinafter called as, “the Act”). The said Judgment has attained finality as the State had preferred Special Leave Petition against the said Judgment & Order before this Court but later on, it was withdrawn. After re-determining the additional price, no recovery has been made from Sh. D.S. Laungia till date. Therefore, the appeal deserves to be allowed.

5.On the other hand, Ms. Rachna Joshi Issar, learned counsel appearing for the respondent vehemently opposed the appeal contending that the High Court has rightly relied upon the Judgment in Preeta Singh (supra). In D.S. Laungia (supra), the State Government, being aggrieved, had challenged the said Judgment and Order before this Court by filing the Special Leave Petition but it was withdrawn for certain reasons. Therefore, it cannot be held that the Judgment in D.S. Laungia (supra) stood approved by this Court. Calculations had been made strictly in consonance with the Statutory provisions of the Act and the Rules, particularly taking note of Rule 2(aa) and 2(e) of the Rules and it is to be recovered from D.S. Laungia also. The High Court was fully satisfied regarding determination of the additional price and therefore, no fault can be found with impugned Judgment and Order. Hence, the appeal is liable to be dismissed.

6.We have considered the rival submissions made by learned counsel for the parties and perused the record.

7.The questions do arise as to whether such an o