New Delhi: The Supreme Court has held that
making hasty allotment of land to individuals is "arbitary,
unreasonable and unconstituitonal" and deplored the Punjab
Government`s decision to allot a residential plot to an
"influential woman" in just 48 hours.
"This is a unique case which reveals that an
influential person can have allotment of a residential plot in
discretionary quota within 48 hours of submission of
application and then assert in court that she has a right to
have a land on a throwaway price and not to deposit the sale
price for quarter of a century," the apex court said in a
The allotment of 400 sq yds of land in Sector 70 of
Sasnagar was made in 1987.
A Bench of Justices B S Chauhan and Swatanter Kumar
passed the judgement while dismissing the appeal of Fuljit
Kaur who challenged the Punjab Government`s decision to seek
an additional demand of Rs 2.19 lakh over and above the Rs
93,000 "provisional" amount for the land.
In the present case, the administration on the basis
of an application made by Kaur on Feburary 23, 1987, alloted
her the residential plot in Urban Estates, SAS Nagar, Punjab
by a letter dated February 25, 1987 (within two days).
In the allotment letter it was made clear that as
proper calculation could not be made and tentative price had
not been determined, the allottee has to deposit provisional
price of Rs. 93000/- in four installments upto 15.10.1989.
Subsequently, vide letter dated 25.03.1992, additional demand
of Rs. 2,19,000/- was made.
However, instead of depositing this amount, Kaur
challenged the demand which was dismissed by the Punjab and
Haryana High Court following which she appealed in the apex
Interpreting the rules, the apex court said the
authorities had rightly sought the additional demand as the
initial amount was only provisional in nature.
"It may be pertinent to mention here that the
allotment had been made to the appellant within 48 hours of
submission of her application though in ordinary cases, it
takes about a year.
"Appellant had further been favoured to pay the
aforesaid provisional price of Rs. 93,000/- in four
installments in two years, as is evident from the letter dated
"Making the allotment in such a hasty manner itself
is arbitrary and unreasonable and is hit by Article 14
(equality before law) of the Constitution," the court