Disposed

Subhash Chander & Anr. v. State of Punjab & Ors.

Punjab & Haryana HC22 May 2014CWP/10065/2014

Case brief

AI extract

What is this about?

The High Court directed the Improvement Trust, Phagwara, to verify the petitioners' claim that they paid the allotment price in accordance with the 10% enhancement rule, and decide on their representation within two months.

What did the court decide?

Direction to Improvement Trust, Phagwara, to verify the petitioners' claim of payment in accordance with the rule and decide on their representation within two months.

Subhash Chander & Anr. Vs State of Punjab & Ors. — Land Acquisition | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.10065 of 2014 Date of Decision: May 22, 2014

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Subhash Chander and another versus

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State of Punjab and others

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.....Petitioners

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.....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MRS.JUSTICE LISA GILL.

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Present : Mr.Sanjiv Gupta, Advocate, for the petitioners.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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The petitioners purchased residential plots No.67 and 49, respectively, in Scheme No.3, Phagwara from the original allottees, namely, Local Displaced Persons, to whom same were allotted by the Improvement Trust, Phagwara. The petitioners have been served with notices demanding additional allotment costs of more than Rs.14 lacs each on the ground that while determining the allotment price, the amendment carried out by the State Government in the Punjab Town Improvement (Utilization of Land and Allotment of Plots) Rules, 1983 (hereinafter referred to as '1983 Rules'), vide notification dated 11.12.2006, was over-looked. The petitioners are said to have submitted reply to the show cause notices questioning the additional demand raised by the Improvement Trust. In the instant writ petition, the petitioners question the validity of proviso added to Rule 5 of 1983 Rules vide the above-mentioned notification dated 11.12.2006. The

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Kumar Mohinder 2014.07.09 12:06 I attest to the accuracy of this order Chandigarh

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CWP No.10065 of 2014

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[2]

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proviso says that after fixation of the allotment price, the Trust shall re-fix the same for the subsequent years provided that there shall be a minimum increase of not less than ten percent per annum in the rates so re-fixed.

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During the course of hearing, learned counsel for the petitioners has taken yet another alternative plea that the petitioners have in fact paid the allotment price even in accordance with the above-mentioned proviso.

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If that is so and as prayed for by their learned counsel, we dispose of this writ petition with a direction to the Improvement Trust, Phagwara, to verify the above-mentioned claim of the petitioners and take an appropriate decision on their representation-cum-reply to the show cause notices, within a period of two months from the date of receiving a certified copy of this order.

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Meanwhile, payment of enhanced amount, if any, by the petitioners shall be without prejudice to their legal rights.

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Dasti.

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Kumar Mohinder 2014.07.09 12:06 I attest to the accuracy of this order Chandigarh

Subhash Chander & Anr. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

Subhash Chander & Anr. v. State of Punjab & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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