In a landmark decision, the Punjab and Haryana High Court ruled that a residential plot allotted through a government lottery cannot be denied due to missing official records. The Court not only restored the plot allotment but also granted ₹2 lakh as compensation for the distress caused.
The case involved Gurcharan Singh, who had applied for a plot in 1982 under a scheme by the Town Improvement Trust, Ludhiana. He paid the earnest money of ₹950 and was given a registration number. In 1999, a draw was conducted, and Singh was allotted a plot measuring 125 square yards in Shaheed Bhagat Singh Nagar, Ludhiana.
However, Singh was not informed about the draw results. Years later, in 2006, he learned about his allotment being canceled due to the "loss of records." The Trust told him to reapply with supporting documents, which he promptly did. Though a resolution was passed by the Trust in 2012 to restore his plot, it was rejected by the Department of Local Bodies.
“If the responsibility is not fixed on the custodian of records, then they go scot-free while the genuine rights of allottees are unfairly taken away,” the Court remarked.
The Court criticized the authorities for their failure to maintain records and declared that such lapses amount to “malfeasance, misfeasance, and nonfeasance.” It emphasized that legal rights can’t be snatched due to internal errors.
“The principles of promissory estoppel and legitimate expectation must be honored. Success in the draw cannot be undone, and physical possession of the plot must be given,” the Court stated.
The bench, comprising Justice Sureshwar Thakur and Justice Vikas Suri, quashed the rejection orders and directed the authorities to hand over the plot to Singh within three months. Additionally, ₹2 lakh was awarded as exemplary compensation for the hardship caused.
This ruling sets a strong precedent to protect the rights of individuals who are allotted government land through transparent processes but face hurdles due to administrative lapses.
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
