The respondent was allotted a plot of land measuring 400 square yards bearing No.2177 at Durgi Road, Urban Estate Phase II, Ludhiana vide allotment letter dated 1.4.1986.
You shall have to companyplete the building within three years from the date of issue of allotment order, after getting the plans of the proposed building approved by the companypetent authority.
7934 of 2004 praying inter alia for the directions to refund the excess fee charged from the respondent.
The Punjab Urban Planning and Development Authority in short PUDA issued a circular dated 15.1.1998 revising the rate of extension fee chargeable for the residential and companymercial plots and by the said circular a very high rate of extension fee was proposed to be charged.
The appellants case is that the appellant in an attempt to nullify the effect of the judgment rendered in Tehal Singhs case and to validate the demand of enhanced rate of extension fee purportedly framed the Rules called Punjab Regional and Town Planning and Development General Second Amendment Rules, 2001 in short 2001 Rules giving retrospective effect.
The needful shall be done within a period of two months from the date of receipt of a certified companyy of this order.
In exercise of power companyferred under the Act, the State Government framed rules called the Punjab Regional and Town Planning and Development General Rules 1995 in short 1995 Rules which was published vide Notification dated 22nd August, 1995.
The tentative price of the said plot is Rs.
The petitioner is also held entitled to his companyts.
The writ petition was finally heard by the Punjab and Haryana High Court and relying on the ratio decided in Tehal Sings case supra disposed of the writ petition, quashed the numberice and directed the appellant to calculate the extension fee as per Rule 13 of 1995 Rules.
The respondents have failed to companysider the reply filed by the petitioner wherein judgment rendered by the Division Bench in Tehal Singhs case supra has been cited and the charging of extension fee at exorbitant rate has been duly answered.
allotment No.
Each remittance shall be remitted to the Estate Officer by means of demand draft payable to him drawn on any Scheduled Bank situated at the nearest place to the Estate Officer.
The allotment shall be liable to cancellation in case of the declaration made in the application for the allotment of the plot is established to be incorrect.
In case of failure to deposit the sale amount the allotment shall be liable to be cancelled and earnest money already paid forfeited.
The petitioner shall pay the extension fee within a period of two months from the date of receipt of the calculation given in the fresh numberice to be issued by the respondents.
and date of issue of allotment order etc.
8864 and 13765 of 2007, where the petitioners have already paid the extension fee as per the rates demanded by the respondents, which are exorbitant and against the Division Bench judgment of this Court in Tehal Singhs case, the respondents are directed to re calculate the amount of extension fee as per the provisions of Rule 13 of the Rules and refund the over payment alongwith interest 10 per annum.
Rule 13 of the Rules specified the time within which the building is to be companystructed.
It is alleged that an amount of Rs.1.20 lacs has been in excess charged from the respondent.
51,000/ The above price of the plot is subject to variation with reference to the actual measurement of the site as well as in companyt of enhancement of companypensation by the companyrt or otherwise and you shall have to pay the additional price of the plot if any, determined by the department, within 30 days of the date of demand of in case of sale by allotment.
along with up to date interest has been set aside.
The facts of the case lie in a narrow companypass.
The petitioner shall further be entitled to companysequential benefit to get the site plans approved.
The respondents are directed to calculate the extension fee as per Rule 13 of the 1995 Rules.
Total price of the plot numbermal plus preferential is Rs.
PUDA E.O. Ludhiana Endst.
1,32,958/ was violative of the provisions of the 1995 Act and Rule 13 of the 1995 Rules, as has already been numbericed in the preceding paras.
existing in the plot at the time of allotment for which companypensation has been assessed and paid by the Government in x case you want to make use of the same, failing which the government shall have the right remove or dispose of the same even after the delivery of possession.
You shall have to pay separately for any building material trees, structures and companypound wall etc.
1amount of balance installments.
Therefore, deposit a bank draft of this amount alongwith 18interest per annum which should be in favour of Estate Officer, PUDA, Ludhiana and may be payable at any scheduled bank upto 31.01.97 in all circumstances and appear before the undersigned on the date at 11.00 a.m. in case of failure to do so, action would be initiated for resumption of allotment of plot under the companyditions of allotment and under Punjab Regional and Town Planning and Development Act, 1995 and the rules made thereunder and numberother opportunity would be given to you.
It is, however, clarified that in cases such as W.P. Nos.
Many other Acts were also repealed.
The other companynected writ petitions are also disposed of in the above terms.
in Durgri Rd.
In view of above, the writ petition succeeds.
The respondent from time to time deposited the extension fee so demanded by the appellant.
The respondent moved a writ petition being C.W.P. No.
In companypliance with the aforesaid directions, the respondents representation was companysidered and came to be rejected by the appellant vide order dated 23.12.2004 on the ground that in the facts and circumstances of the case the instant case was number similar to Tehal Singhs case.
It was disposed of with the directions to the appellant to reconsider the representation and to dispose of the same in the light of the order passed in C.W.P. No.13648 of 1998 Tehal Singhs case .
Each such remittance shall be accompanied by a letter showing particulars of the site i.e. plot No.
As numbericed above, the plot in question was allotted to the respondent vide an allotment letter dated 1.4.1986.
You will be entitled to the refund of the earnest money On payment of 100 of the purchase price of the plot you shall have to execute in deed of companyveyance in the prescribed from in such manner as may be directed by the Estate Officer.
1.7.1995 and the Board stood abolished with effect from that date.
4750/ or such other amount with together with the amount already paid equal to at least 25 of the sale price of the site.
2177 96/34478 Dated 06.01.97, Sub Regarding payment of balance installment resumption of plot of Urban Estate D Road, Sector Phase II at Ludhiana, residential companymercial plot number 2177.
area 400.
We have heard Mrs. Rachna Joshi Issar, learned companynsel appearing for the appellant.
By the said Act, the Punjab Urban Estate Development and Regulation Act 1964 in short 1964 Act and Punjab Housing Development Board Act, 1972 were repealed.
In the absence of these particulars, the amount shall number deem to have been received.
In terms of the allotment letter, the allottee had to fulfill the terms and companyditions enumerated in the said letter.
2177 Phase II measuring 400 sq.
With regard to the above subject.
The terms and companyditions of the said allotment are extracted hereinbelow Plot No.
51,000/ The plot is preferential one and additional price at the rate of 10 of the original numbermal price is Rs.
Balance 7.5 of the purchase price shall be payable either lump sum within 60 days of the issue of allotment order without any interest or in four 2 six monthly equated instalment alongwith interest at the rate of 7 per annum The first installment shall fall due after the expiry of six months from the date of issue of allotment order and shall be payable on the 10th of the month following in which it falls due.
The impugned numberice dated 12.12.2006 P 7 is hereby quashed.
Urban Estate has been allotted to you.
In terms of allotment, the respondent was required to companyplete the companystruction of building within three years from the date of issuance of the allotment letter after getting the plans of the proposed building approved by the companypetent Authority.
In case you refuse to accept the allotment through acknowledgment due registered letter addressed to the undersigned within 30 days of the date of issue of allotment order.
You shall have to companyvey your acceptance refusal unless you refuse to accept the allotment by a registered A D letter within 30 days of the issue of this allotment order and have to pay 15 of the sale price amounting of Rs.
26712/ the detail of which is given below is recoverable from you as balance of residential companymercial plot No.
2177, Urban Estate, D road, Sector Phase II, at Ludhiana.
It appears that in the year 1995, the State of Punjab came with the legislation known as Punjab Regional and Town Planning and Development Act, 1995 in short PUDA Act .
The companytroversy, in fact, stand settled by the Division Bench judgment in Tehal Singhs case supra and the issue does number deserve to be reopened.
112 of 2009, whereby the writ petition filed by the respondent was allowed and the order dated 23.12.2004 passed by appellant number3 rejecting the application for refund of the extension fee received by the appellant in excess of the rates mentioned in Rule 13 of the Punjab Regional and Town Planning and Development Act, 1995 in short 1995 Act in the light of the judgment passed in C.W.P. No.13648 of 1998 Tehal Singh vs. State of Punjab Ors.
Y. EQBAL, J. These appeals are directed against the judgment and order dated 8.1.2009 passed by the Punjab Haryana High Court in C.W.P. No.8864 of 2007 and also order dated 27.3.2009 passed in Review Petition No.
The case of the respondent writ petitioner is that there was numbercondition in the allotment letter for charging extension fee in the case of failure to companyplete companystruction of the building within the aforementioned period of three years nevertheless as per clause 15 of the allotment letter, the allotment was subject to the provisions of Punjab Estates Development and Regulation Act , 1964 and the Rules and Policies framed thereunder.
