Punjab-Haryana High Court
Navyug Co-Operative House Building ... vs Ludhiana Improvement Trust on 25 February, 2011
Bench: Jasbir Singh, Rakesh Kuamr Garg
Civil Writ Petition No.9011 of 1988 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.9011 of 1988
Date of Decision:25.02.2011
Navyug Co-operative House Building Society(Regd.)Ludhiana
....petitioner
Versus
Ludhiana Improvement Trust, Ludhiana
.....respondent
CORAM: HON'BLE MR.JUSTICE JASBIR SINGH
HON'BLE MR.JUSTICE RAKESH KUAMR GARG
Present: Mr.M.S.Sethi, Senior Advocate with
Mr.Harpal Singh Sirohi, Advocate
for the petitioner
None for the respondent
***
JASBIR SINGH, J.(ORAL):
This writ petition has been filed with a prayer to quash an order dated 11.12.1987(Annexure P-3) vide which request of the petitioner to waive off the demand of payment of enhanced amount towards price of plot allotted to it, was rejected.
Despite many orders passed, none has put in appearance on behalf of the respondent-Improvement Trust.
As per the averments made by the petitioner, the Society had purchased a piece of land to construct residential houses for its members. From perusal of the record, we are satisfied that the averments made are vague, detailed facts have not been supplied by the petitioner. The notice demanding additional amount toward price of the plots is not on record. As such, it is not possible for us to say as to on what basis the enhanced amount was demanded by the respondent.
Furthermore, a representation made to waive off the Civil Writ Petition No.9011 of 1988 2 demand of enhanced amount is not placed on record. Order dated 11.12.1987(Annexure P-3) rejecting prayer made by the petitioner, is also not a speaking one. When rejecting a prayer of the petitioner to waive off the demand of an additional price of land, no fact is mentioned. It is nowhere stated that under what circumstances the petitioner is bound to pay the additional amount.
In view of the facts mentioned above,we dispose of this writ petition and direct the Executive Officer, Improvement Trust, Ludhiana to pass a fresh order on prayer of the petitioner to waive of a demand of an additional amount of price for the land allotted to it. The order be passed after making reference to the documents on the record and also the terms and conditions of the allotment of land made to the petitioner. Reference be also made to the terms and conditions of the exemption order, releasing land from acquisition, passed in favour of the petitioner. Finding be also given as to what is the reason to claim the additional price from some of the allottees and not to claim the same from the others. If it is found that the petitioner is bound to pay the additional amount towards price of land it be intimated to the petitioner. Before passing an order, approval be taken from the Secretary, Local Bodies, State of Punjab, in that regard. Needful shall be done within a period of two months.
Disposed of.
(JASBIR SINGH) JUDGE (RAKESH KUMAR GARG) JUDGE 25.02.2011 neenu