C.W.P NO. 15809 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 15809 OF 2007 DECIDED ON : 27.05.2009 Tarsem Chand ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO.15810 OF 2007 Smt. Santosh Kaur ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 7407 OF 2008 Amrit Pal Singh ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 17206 OF 2008 Paramjit Singh ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 15809 OF 2007 -2- C.W.P NO. 14823 OF 2007 Satpal ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 7000 OF 2008 Harvinder Singh Sachar ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 7022 OF 2008 Smt. Harinder Kaur ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 7281 OF 2008 Smt. Raj Kaur and others ...Petitioners versus State of Punjab and others ...Respondents C.W.P NO. 2487 OF 2009 Jagjit Singh Kumar ...Petitioner versus State of Punjab and others ...Respondents C.W.P NO. 15809 OF 2007 -3- CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. G. S. Sandhawalia, Advocate, for the petitioner. Mr. Palvinder Singh, Senior DAG, Punajb. Mr. Sanjeev Sharma, Advocate, for respondents No.2 and 3. Mr. Mapreet Singh, Advocate for Mr. Gurminder Singh, Advocate, for GMADA. SURYA KANT, J. (ORAL) This order shall dispose of C.W.P Nos.15809, 15810 and 14823 of 2007, 7407, 17206, 7000, 7022, and 7281 of 2008 and 2487 of 2009, as common questions of law and facts are involved in these cases. For brevity the facts are being taken from C.W.P No. 15809 of 2007. The petitioner(s) seeks a mandamus to direct the respondents, namely, the Greater Mohali Area Development Authority (GMADA), to issue him an allotment letter in respect of plot measuring 150 square yard under the General Category in Sectors 76-80, S.A.S. Nagar, Mohali. The petitioner's case is that in the draw of lots held on October 10, 2007, the petitioner was successful and is entitled to be issued allotment letter. Notice of motion was issued and in response thereto, respondents No.2 and 3 have filed their reply-affidavit to which the petitioner has also filed his rejoinder. C.W.P NO. 15809 OF 2007 -4- Suffice it to say that the only objection taken by the respondents is that the acquisition of the land where Sectors 76- 80 are to be developed, is in litigation before this Court and unless those matters are decided, the allotment letter cannot be issued. It may be noticed that after October, 2007, the draw of lots was again held on 16.05.2007 and 17/18.02.2009. Some of the petitioners in the connected cases were declared successful in these subsequent draw of lots. On April 22, 2009, learned counsel for the parties were heard at some length. Learned counsel for the petitioners agreed that they have no objection if conditional allotment letters were issued to them with a specific stipulation that the allotment would be subject to final outcome of those cases in which acquisition of the subject land is under challenge, including C.W.P no. 7050 of 2001. Meanwhile, learned counsel for the petitioners have placed on record in (C.W.P No. 15810 of 2007,) two allotment letters dated 04.02.2009 and 27.12.2007. In both the allotment letters, the respondents have expressly stipulated as follows : “25. In case for whatever reasons including the out come of pending cases in various courts, scheme fails GMADA will refund the deposited money to the allottees without interest. GMADA shall not be liable for any claim/damage if there is any delay in implementation of the scheme. C.W.P NO. 15809 OF 2007 -5- GMADA shall not be liable for any claim, whatsoever, on this account”. Learned counsel for the petitioners have no objection against imposition of the similar condition in their allotment letters also. Learned counsel for the respondents has also no serious objection against the issuance of the conditional allotment letters with the afore-mentioned clause as the same would safeguard the interest of respondent authorities. In the light of the observations made herein above, the writ petitions are allowed with a direction to respondents No.2 and 3 to issue allotment letters to the persons like the petitioners, who are successful in one or the other draw of lots, subject to fulfillment of other eligibility conditions and subject to the further condition(s) reproduced above, as imposed in the case of other similarly situated successful applicants. The needful shall be done within a period of three months from the date of receipt of certified copy of this order. Copy of this order be given dasti. No costs. MAY 27, 2009 (SURYA KANT) shalini JUDGE