Kuldeep Kaur vs State of Punjab

Surya Kant, J.—The petitioner was allotted one MIG house No. 660, Phase II, Model Town Bathinda vide allotment letter dated 26.06.2003. She was required to deposit the allotment price by way of 22 installments of Rs. 1,902/- p.m. but the allotment was cancelled as the petitioner committed default in depositing the monthly installments. She challenged the cancellation of allotment before Revisional Authority, who vide order dated 06.06.2012 conditionally accepted the petitioner''s revision petition granting her one more opportunity to deposit the outstanding amount along with interest and penal interest, penalty etc. till 15.07.2012. The petitioner was intimated to deposit outstanding amount i.e. Rs. 1,37,050/-. The petitioner deposited a sum of Rs. 49,500/- on 13.07.2012, Rs. 56,500/- on 14.07.2012, Rs. 22,000/- on 21.07.2012 and the balance Rs. 9,000/- on 08.10.2012.

Since she failed to deposit the outstanding amount within the time limit fixed by the Revisional Authority, Bathinda Development Authority has declined to restore the allotment. The aggrieved petitioner is before us.

It is true that the petitioner could not adhere to the time schedule fixed by the Revisional Authority, giving her last opportunity to deposit the balance amount, but it is undeniable that the petitioner had deposited the amount by October, 2012. In these peculiar facts and circumstances, it appears that instead of cancelling the very allotment, the petitioner could be burdened with some additional penalty along with the due amount, if any, payable by her.

We, therefore, allow this writ petition with a direction to the Bathinda Development Authority that if the petitioner deposits the outstanding amount, if any, along with an additional payment of Rs. 10,000/- before 30.06.2014, the allotment shall stand restored in her favour.