High CourtDivision BenchAppeal allowed.

State of Punjab & Ors. v. Col. Kuldeep Singh

Case / Petition Number:Civil Appeal No. 3546 of 2007
Neutral Citation:[2010] 7 SCR 344

Case Details & Bench

Court
High Court
Hon'ble Judges
  • Dr. B.S. Chauhan
  • Swatanter Kumar
Judgment Date
2010-06-03
Court Decision / Holding
Appeal allowed. Judgment and Order dated 06.12.2006 of the High Court is set aside. The Demand Notice is upheld. The appellants are entitled to recover the amount in accordance with law.
Final Disposition
Appeal allowed.

Parties to the Case

Appellants / Petitioners

  • State of Punjab & Ors.

Respondents

  • Col. Kuldeep Singh

Legal Representation & Advocates

Counsels for Petitioners

  • • Vijay Hansaria
  • • Ashok Mathur

Counsels for Respondents

  • • Vijay Hansaria

Case Synopsis & Summary

This Civil Appeal concerns allotment of a plot under the Punjab Urban Estate (Sale of Sites) Rules, 1965 and the liability of the allottee to pay an additional price. The High Court of Punjab and Haryana at Chandigarh, in Civil Writ Petition No. 18110 of 1991, had an order dated 6 December 2006 in which the High Court’s judgment was in question regarding the demand for an additional price. The State contends that allotment policies under the 1965 Rules permit levy of an additional price, and that such liability should be enforced through proper legal channels. The appeal cites the decision in Smt. Fuljit Kaur v. State of Punjab & Ors. and relies on that precedent to justify the demand. The Court, in Civil Appeal No. 3546 of 2007, held that the judgment of the High Court is to be set aside in view of the Fuljit Kaur decision, and the demand notice is upheld. The appellants are entitled to recover the amount in accordance with law. The judgment emphasizes the binding guidance from Fuljit Kaur and applies it to ensure consistency in the administration of allotments under the Punjab Urban Estate Rules. The appeal is allowed, and the High Court order is set aside, resulting in upholding the statutory demand and permitting recovery as prescribed by law.

Provisions of Law Cited

Punjab Urban Estate (Sale of Sites) Rules, 1965

Submissions & Arguments

Contentions of Appellants / Petitioners

Applicants contended that allotment practices under the Punjab Urban Estate Rules authorize the levy of an additional price and that the demanded amount should be recoverable in accordance with law; they rely on the Fuljit Kaur decision to support their position and sought to sustain the High Court’s approach unless shown otherwise.

Contentions of Respondents

Respondents argued that the High Court correctly considered the matter and that the demand for the additional price may be maintained under the applicable rules; they contended that the liability should be determined in accordance with law and that due process must be followed.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Smt. Fuljit Kaur v. State of Punjab & Ors.[2010] 7 SCR 317PositiveCourt relied on Fuljit Kaur to decide the liability issue in this case.

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Extracted Judgment Text

Exact text extracted from official judgment records.

A # [2010] 7 S.C.R. 344 # STATE OF PUNJAB & ORS. _v._ COL. KULDEEP SINGH (Civil Appeal No. 3546 of 2007) B ## JUNE 3, 2010 # [DR. B.S. CHAUHAN AND SWATANTER KUMAR, JJ.] _Punjab Urban Estate (Sale of Sites) Rules, 1965:_ c D _Allotment of plot_ - _Liability of al/ottee to pay additional price_ - _HELD: In view of the decision of the Court in Smt. Fuljit Kaur* the judgment of the High Court is set aside_ - _The demand notice is upheld_ - _The appellants are entitled to make recovery in accordance with law._ _*Smt. Fuljit Kaur vs. state of Punjab_ & _Ors._ [201 O] 7 SCR 317, relied on. ## Case Law Reference: E [2010] 7 SCR 317 relied on para 2 CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3546 of 2007. From the Judgment and Order dated 6.12.2006 of the High F Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 18110 of 1991. Vijay Hansaria, (A.C.) and Ashok Mathur for the appearing parties. G The Judgment of the Court was delivered by DR. B.S. CHAUHAN, J. 1. We have heard Ms. Rachna Joshi lssar, learned counsel appearing for the appellant. In spite of notice, respondent did not enter appearance. We requested H 344 STATE OF PUNJAB & ORS. _v._ COL. KULDEEP 345 SINGH [DR. B.S. CHAUHAN, J.] Sh. Vijay Hansaria, learned senior counsel for the respondent, A to assist the Court as Ami.cus Curiae. 2. 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 8 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 accorda~ce with law. R.P. Appeal allowed.