IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 947 of 2011 Date of decision: 28.9.2011 Jawwant Singh Gidda …..appellant vs. State of Punjab and ors …..respondents CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE JASWANT SINGH Present: - Mr. Vikas Bahl, Advocate for the appellant. HEMANT GUPTA, J Appellant, a Non Resident Indian applied for residential plot at SAS Nagar (Mohali) in the year 1971 and deposited Rs. 1350/- as earnest money. The appellant was communicating with the respondents regarding the allotment of the plot. The appellant deposited Rs. 58650/- as additional earnest money on 21.4.1995. The Appellant was allotted a plot of 500 sq. yards. in Sector 69, SAS Nagar, Mohali vide the allotment letter 6.9.1995 @ Rs. 1400 per sq. yards. As per the terms and conditions of the allotment letter, the appellant was required to deposit 75% of the price i.e., Rs. 6,40,000/- within a period of 30 days from the date of allotment. Learned counsel for the appellant states that there is a clause for payment of the balance amount in installments LPA No. 947 of 2011 but such clause cannot be made out from the reading of Annexure P-4 attached with the appeal. Admittedly, the appellant has not deposited any part of the balance amount i.e. 75% of the price of the plot, which led to cancellation of the plot allotted to the appellant vide the communication dated 11.3.1997. Appellant filed an appeal before the Additional Chief Administrator PUDA, Mohali on 14.2.2003. The same was dismissed on 21.10.2003. It is the said order which was challenged by the petitioner in the writ petition. The writ petition filed by the appellant was dismissed by learned Single Judge, inter alia, for the reason that the appellant has not deposited the balance 75% of the amount and that the challenge in the cancellation of allotment is after the period of more than five years. Learned counsel for the appellant has vehemently argued that the appellant is a Non Resident Indian residing in England and had no notice of the cancellation of the allotment. He has filed the appeal before the Additional Chief Administrator when he came to know about the cancellation of the plot in the year 2003. Therefore, the order of cancellation of allotment of the plot is not justified. Appellant applied for plot in the year 1971 and deposited Rs. 1350/- as earnest money. Appellant deposited a sum of Rs. 58,650/- on 21.4.1995 to make the earnest money as Rs. 60,000/-. On the basis of such earnest money, plot was 2 LPA No. 947 of 2011 allotted on 6.9.1995. The appellant has not deposited the balance amount either in lump sum or in installments which led to cancellation of the allotment in the year 1997. It was in April 1995, the earnest money of Rs. 60,000/- was completed by the appellant but after deposit of the earnest money, the appellant has not taken any step to find out the status of his allotment or for the payment of the balance sale consideration even as per his stand. The non communication of the letter of allotment or that of cancellation is made up a ground to cover his inaction. In view of the said fact, we find that the learned Single Judge has rightly dismissed the writ petition filed by the appellant. We do not find any ground to interfere in the order dated 23.8.2010 in the present appeal. Dismissed. (HEMANT GUPTA) JUDGE (JASWANT SINGH) JUDGE 28.9.2011 preeti 3