Fulj1T Kaur vs State Of Punjab & Ors

3. Facts and circumstances giving rise to this case are that the appellant made an application on 23.02.1987 for allotment of a residential plot in Urban Estates, SAS Nagar, Punjab. The Administration, vide letter dated 25.02.1987, issued the allotment letter in favour of the appellant in respect of plot No. 702, measuring 400 sq. yards in Sector 70 Urban Estate SAS Nagar, making it clear that as the proper calculation could not be made and tentative price had not been determined, the allottee has to deposit provisional price of Rs. 93000/- in four installments upto 15.10.1989. Subsequently, vide letter dated 25.03.1992, additional demand of Rs. 2,19,000/- was made, however, instead of depositing the said amount, appellant challenged the said Demand Notice by filing Writ Petition No. 4763 of 1992 before the High Court of Punjab & Haryana contending that the additional demand was arbitrary and unreasonable. A large number of similar cases were also pending before the High Court and some had earlier been disposed of. However, the Writ Petition filed by the appellant has been dismissed by the High Court vide impugned Judgment and Order dated 21.12.1999 upholding the demand dated 25.03.1992. Hence this appeal.

17. Rules 2(aa), 2(e), 4 and 5 of the Rules which have direct bearing on the questions raised in this appeal read as under:

15. In view of the above, the submissions made by Shri Hansaria, Amicus Curiae in this regard are preposterous and not worth consideration.

2. Solatium charges @30% Rs.27,000/-

3. Interest charges from the date of Notification till the date of Award @12% from 1980 to 1984 for 4 Years Rs.43,000/-

4. Interest charges 15% from 1984 to 1990 for 6 years on the cost of land Rs.1,44,180/-

______________ Rs.3,04,380/-

2. Sewerage @ Rs.59,000/- Rs. 59,000/-

3. Sterm Water @ Rs.1,32,000/- Rs. 1,32,000/-

4. Roads @ Rs.55,000/- per acre Rs. 55,000/-

5. Bridges & Others @Rs.11,000/-per acre Rs. 11,000/-

6. Horticulture @ Rs.36,000/- per acre Rs. 36,000/-

7. Street lightening @Rs.15,000/-per acre Rs. 15,000/-

8. Electrification @Rs.15,000/-per acre Rs. 15,000/-

10. Utility services @Rs.20,000/-per acre Rs. 20,000/-

11. Maintenance & Re-surfacing of roads for 5 years @ Rs.63,000/- per acre Rs. 63,000/-

12. Maintenance of Public Health service @ Rs.39,000/- per acre Rs. 39,000/-

13. Maintenance & Re-surfacing of roads Beyond 5 years @Rs.45,000/- per acre Rs. 45,000/-

14. Division of H.T. Line@ Rs.7,000/- per acre Rs. 7,000/-

15. Earth Filling @Rs.10,000/- per acre Rs. 10,000/-

_______________ Rs.6,51,000/-

C.(Establishment charges@14% + 3% on the cost of land. Rs. 51,745/-

(ii) Interest charges @1% for plotable area(55%)Rs. 2,662/-

(iv) Unforeseen charges as well as escalation Charges @10% Rs.1,16,098/-

__________________ Total expenditure per acre Rs.12,77,064/- Total Expenditure of 306.59 acres of land Acquired for Sector 70 SAS Nagar Rs.39,15,34,824/- Saleable area 6,74,233 Sq.yds.

Rate per sq.yd. 39,15,34,824 = Rs.580/-

25. The instant case is squarely covered by the aforesaid Judgments of this Court and particularly, Preeta Singh (supra) and in view thereof, the appeal is liable to be dismissed.

28. In view of the above, we find no force in the appeal, it lacks merit and is, accordingly, dismissed. No order as to costs.

For the reasons recorded in Civil Appeal No. 5292 of 2004 (Smt. Fuljit Kaur Vs. State of Punjab & Ors.) decided on this date, the appeal stands allowed. Judgment and Order of the High Court dated 06.12.2006 is set aside and the Demand Notice is upheld. The appellant is entitled to make recovery in accordance with law.

For the reasons recorded in Civil Appeal No. 5292 of 2004 (Smt. Fuljit Kaur Vs. State of Punjab & Ors.) decided on this date, the appeal stands allowed. Judgment and Order of the High Court dated 06.12.2006 is set aside and the Demand Notice is upheld. The appellant is entitled to make recovery in accordance with law.