High Court upholds reallotment of plot in Aerocity scheme
Saurabh Malik
Tribune News Service
Chandigarh, May 14
The Punjab and Haryana High Court has upheld the reallotment of a residential plot in the Aerocity scheme to an allottee, who could not deposit the initial amount following unfortunate circumstances.
The judgment is significant as one of the grounds taken by Greater Mohali Area Development Authority (GMADA) to challenge the order of reallotment after condoning the delay in the payment of initial money was that the property prices had escalated.
The Bench of Justice Ritu Bahri and Justice Archana Puri ruled that increase in the price of a plot was no ground to act against the allottee
The matter was brought to the High Court’s notice after the GMADA Estate Officer filed a petition for quashing an order dated December 24, 2015, passed by the Revisional Authority-cum-Additional Secretary to the Government of Punjab, Department of Housing and Urban Development.
The Bench, during the course of hearing, was told that the Additional Secretary had set aside the cancellation of letter of intent by condoning the delay in depositing 15 per cent of the tentative price of the plot.
The Bench was also told that a letter of intent was issued to Bachittar Kaur after she was successful in the draw of lots for a plot measuring 125 square yards. She was required to deposit 15 per cent of the total amount within 30 days from the issuance of the letter.
In an affidavit, she specifically stated that her husband was bitten by a stray dog, following which he was treated at Government Multi-Specialty Hospital in Sector 16. Thereafter, she met with an accident and suffered grievous injuries.
The Bench observed that the competent authority, GMADA, accepted a demand draft dated January 13, 2020, for Rs29,93,378 after reallotment of the plot and during the pendency of the writ petition.
The Bench added: “A perusal of the order shows that the authority had taken the right decision in condoning the delay in depositing 15 per cent of the tentative price of plot…. No ground to interfere in the order dated December 24, 2015, is made out as the competent authority exercised its power to condone the delay in exceptional circumstances and restore the plot”.
