IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.11101 of 2013 Date of Decision : May 22, 2013 Sanjay Dogra .....Petitioner versus The State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.Surinder Singh Siao, Advocate for the petitioner.
-.- 1.
Whether Reporters of Local papers may be allowed to see the judgment?.”
2. To be referred to the Reporters or not?.”
3. Whether the judgment should be reported in the Digest?.
--- Surya Kant, J.
(Oral) The petitioner seeks a mandamus to direct respondent Nos.4 to 6 to hand-over physical possession of plot No.1302, Sector 117, SAS Nagar Mohali, allotted to him as an alternative plot in lieu of the original allotment dated 10.7.2009.
A direction to Greater Mohali Area Development Authority (for short, 'the GMADA') to intervene and take suitable action against respondent Nos.4 to 6 has also been sought.
As per the averments made in the writ petition, the case of the petitioner is that respondent Nos.4 to 6 are real estate developer-companies to whom license has been granted by the State of Punjab/its Statutory Authority under the provisions of the Punjab Apartment and Property Regulation Act, 1995 (for short, 'the 1995 Act').Residential plot measuring 250 square yards bearing No.1228 in Sector 117, SAS Nagar CWP No11101 of 2013 [2].Mohali was allotted to the petitioner vide allotment letter dated 10.07.2009 (Annexure P-1) issued by the Respondent- developer(s).According to the petitioner, physical possession of the plot was required to be delivered on deposit of all but the last installment.
The petitioner is said to have deposited eight installments in time.
He informed the respondent-builder that the last 9th installment is also ready with him and should they offer possession of the plot, he is willing to deposit the same.
The petitioner alleges that the respondent-builder could not deliver the possession of plot No.1228, Sector 117, SAS Nagar Mohali as the land where the said plot was carved out had been acquired by the State of Punjab.
The builder-cum- developer accordingly offered alternative plot bearing No.1302 in the same Sector and of the same size.
However, possession of the said plot has also not been delivered despite repeated requests made to the respondent-authorities.
The petitioner is said to have made a complaint to GMADA, who is obligated to monitor the activities of a licensee under the 1995 Act.
It appears from the communications dated 16.8.2012 and 19.9.2012 (Annexure P-7) that GMADA took cognizance of the complaint received from the petitioner, sent it for the comments of respondent-builder but thereafter no decision was taken.
The aggrieved petitioner has accordingly approached this Court.
Having heard learned counsel for the petitioner and keeping in view the nature of relief sought in this writ petition, however, without expressing any views on merits at this stage, moreso when no notice has been issued to respondent Nos.3 to 6 and they have not been heard, we CWP No11101 of 2013 [3].deem it appropriate to dispose of this writ petition with a direction to the Chief Administrator/Additional Chief Administrator, GMADA, to decide the petitioner's complaint said to have been received against respondent Nos.4 to 6.
The Chief Administrator/Additional Chief Administrator, GMADA shall look into the petitioner's claim regarding delivery of possession of the allotted plot and if he is found entitled to, necessary steps be taken.
An appropriate order in this regard shall be passed within a period of three months from the date of receiving a certified copy of this order.
Order accordingly.
Dasti.
(SURYA KANT) JUDGE $ May 22, 2013 (R.P.NAGRATH) Mohinder JUDGE