IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16193 of 2009 Date of decision: 23rd October, 2009 Sukhdayal Sharma and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Avinash Mandla, Advocate for Mr. M.L. Sharma, Advocate for the petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Respondent-Punjab Small Industries and Export Corporation Limited, Chandigarh, issued an advertisement in 2001 inviting applications for allotment of plots at Pathankot. Petitioners, in pursuance of the advertisement, were allotted the plots and allotment letter (Annexure P-5) was issued. The allotment letter relied by the petitioner qua petitioner Sukhdayal Sharma can be taken as example qua other petitioners also. A specific condition No.4 was put in allotment letter which reads as under:- XXX XXX XXX XXX XXX XX “4. The above price of plot is subject to variation with reference to the actual measurement of the plot, cost of development and cost of acquisition of land by the Industries Department, Punjab. In case of enhancement of compensation on account of acquisition of land by the Courts or otherwise, you shall have to pay the additional price of the plot if any, determined by the Corporation within 30 days from the date of demand by the Corporation”. Civil Writ Petition No.16193 of 2009 The condition, specified in the allotment letter of the petitioners, states that they have to share the amount of compensation enhanced under Land Acquisition proceedings. Petitioners have been issued demand notice to pay the enhanced amount. The only grievance made in the writ petition is that the respondents have not given the break up and the formula whereby the amount has been determined and calculated. Counsel for the petitioners has made a grievance that for fastening the petitioners with enhanced amount, no basis, criteria and formula has been adhered to by the respondents. On the observation made by the Court that the petitioners ought to have approached the Authorities under the Right to Information Act, 2005, to know the break up of the amount which the petitioners have been asked to pay, counsel for the petitioners submits that the respondent-Corporation will not entertain the same and will not divulge the break-up, criteria and formula. Taking this submission into consideration, it is ordered hat in case petitioners apply to the Authorities under the Right to Information Act, 2005, the necessary break-up, criteria and formula on the basis of which the amount has been determined/calculated shall be furnished to the petitioners. Needless to say that the petitioners will be at liberty to assail the formula and the break-up given, in accordance with the provisions of law, in appropriate proceedings. With the observations made above, the present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE October 23, 2009 rps 2