LPA No.1742 of 2011 (O&M) 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH LPA No.1742 of 2011 (O&M) Date of decision:26.09.2012 Sohan Lal Pahwa ...Petitioner(s) Versus The Housing Board Haryana and another ...Respondent(s) CORAM: HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present: Mr.Sanjiv Gupta, Advocate, for the petitioner. Mr.Ashwani Talwar, Advocate, for the respondents. JASBIR SINGH, J. (Oral) CM No.4685 of 2011 As per facts mentioned in this application, delay of 114 days in filing the appeal is condoned. LPA No.1742 of 2011 This appeal has been filed against judgment dated 28.3.2011 passed by the learned Single Judge dismissing CWP No.7366 of 2007 filed by the appellant. As per facts on record, the appellant is a subsequent purchaser. Originally, the property in dispute was allotted to some one else from whom the petitioner had purchased, after getting 'No Dues Certificate' from the concerned department. Thereafter it was discovered that above Certificate was issued by officer of the department in a fraudulent manner. The amount shown to have been deposited in cash by LPA No.1742 of 2011 (O&M) 2 the previous owner was embezzled and not deposited with the department. Taking note of the same, 'No Dues Certificate' was cancelled and an opportunity was given to the subsequent purchaser to pay the amount which was due from the original allottee. When it was not done, allotment was cancelled. At that stage, the appellant came in the writ petition. At the time of argument, a consensus has arrived at between the parties. It is stated by learned counsel for the appellant that the appellant shall make the payment of the amount due, as per terms and conditions mentioned in the original allotment letter. It is not in dispute that after cancellation, of the Certificates in number of cases, an opportunity was given by the department to the subsequent purchasers to deposit the amount as per terms and conditions mentioned in the allotment letter. It is not disputed that most of the purchasers had done the same and pursuant thereto their allotment was regularised. Since the petitioner defaulted to make the payment, his allotment was cancelled. We feel that it is a case which compassion requires to be shown in favour of the appellant. Tenements allotted were very small and were for the residential purposes. The petitioner was duped by the original allottee and the official of the department. In this view of the matter, we feel that it will be appropriate to allow the petitioner to deposit the due amount, as per terms and conditions mentioned in the allotment letter as has been done by many other similarly situated subsequent purchasers. To the above proposal, counsel for the respondents has LPA No.1742 of 2011 (O&M) 3 failed to raise any objection. In the circumstances noted above, we dispose of the present writ petition by giving an opportunity to the appellant to make payment of the balance amount, which was due from the original allottee, as per the terms and conditions of the allotment letter. If the appellant does so within a period of one month from today, the cancellation letter of allotment shall be deemed to have been withdrawn. Thereafter, the respondent-department shall transfer the tenement in favour of the appellant, as per law. (JASBIR SINGH) JUDGE 26.09.2012 (RAMESHWAR SINGH MALIK) mks JUDGE