Land Allotted Through Lucky Draw Can't Be Denied Due To Loss Of Records: P&H HC Grants ₹2 Lakh Compensation Over Denial Of Land Allocation

The Punjab and Haryana High Court held that the loss of original records cannot be a ground to deny allotment of a residential plot to a man who was selected in a draw of lots by the Punjab Government in 1999. The Court also granted an “exemplary compensation" of Rs 2 lakh.

Justice Sureshwar Thakur and Justice Vikas Suri said, "If the apposite responsibility is not fixed upon the custodian of the records, thereupon he would go scot-free, besides therebys if the impugned annexure, rather becomes validated, thereupon the rights acquired by the allottees/ promisees but would become ill scuttled, rather merely on account of commission of torts of loss of records, but at the instance of the custodian concerned."

The bench opined that the denial amounted to prima facie commissions of “the torts of malfeasance, misfeasance and nonfeasance" and such a lapse on part of the authorities could not override the applicant's legal entitlement.

The Bench noted that petitioner Gurcharan Singh was declared successful in a draw of lots held in 1999 and had deposited Rs. 950 earnest money as far back as 1982. Hence, Singh was entitled to the benefit of “promissory estoppel” and “legitimate expectation”.

"Necessarily, the said inference becomes premised, on the touchstone, that therebys but as a natural corollary theretos, rather the equitable principles of promissory estoppel, thus were required to be favourably endowed vis-a-vis the promisee i.e. the allottees concerned, rather than the said becoming snatched through the passing of the impugned order," it added.

Adding that the success in the draw could not be annulled nor could the physical possession of the plot be denied, the Court directed restoration of the allotment in the petitioner's favour.

"Resultantly to do complete justice, especially when the apposite receipt (Annexure P-1) reveals, that the petitioner deposited the tender/ earnest money(ies). Therefore, the success achieved by the allottees in the draw of lots, but cannot be withdrawn from the allottees concerned, nor therebys, thus the pursuant thereto allotments and the delivery(ies) of physical possession of the subject plots' to the allottees, but also cannot be snatched from them," the Court said.

In the light of the above, the Court allowed the plea challenging the order passed by the authorities to reject the allotment.

Mr. G.P.S. Bal, Advocate for the petitioner.

Mr. Maninder Singh, Sr. DAG, Punjab.

Mr. S.P.S. Tinna, Advocate Ms. Rinky Gupta, Advocate for respondent No.2.

Title: GURCHARAN SINGH v. STATE OF PUNJAB AND ANOTHER

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