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TMI Blog2008 (4) TMI 705X X X X Extracts X X X X X X X X Extracts X X X X ..... after 180 days. In case, the successful applicant refuses to accept the offer of allotment and his refusal is received after the draw of lots and within 90 days of issue of letter of intent 10% of earnest money deposited shall be forfeited and balance will be refunded to him without interest. In case refusal is received after 90 days, the entire money deposited shall be forfeited." The letter of intent contained the following terms and conditions : "You are requested to deposit 15% amount i.e. Rs. 2,81,250.00 of the above price within 60 days of the date of issue of this letter. This period of 60 days can be further extended by 30 days by the undersigned on your request. This extension will be subject to payment of interest @ 2% per month (calculated on daily basis for the period of delay beyond 60 days) on the amount due. All payments should be made in the shape of crossed bank draft in favour of "Estate Officer, PUDA, SAS Nagar", payable at SAS Nagar/Chandigarh. 5. You are also requested to submit an affidavit (specimen provided along with the application form) attested by a Magistrate that you or your spouse or any minor child do not own any residential plot/house/flat (exce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the total amount of the consideration money, interest and other dues payable in respect of the transfer of the land or building or both, should not be made. (4) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section (3), and any evidence that he may produce in respect of the same and after giving him a reasonable opportunity of being heard in the matter, the Estate Officer may, for reasons to be recorded, in writing, make an order resuming the land or building or both, as the case may be and direct the forfeiture as provided in sub-section (3) of the whole or any part of the money paid in respect of such transfer." 5. Appellant allegedly sought for permission to mortgage the plot as per prescribed Form No.VI along with letter of approval dated 19.10.2001. No permission, however, was granted. Again, an application for grant of permission to mortgage the said plot was filed on 5.2.2002. He was not communicated with the result of the said application. Admittedly, the appellant did not deposit the balance amount. The Estate Officer, by reason of a letter dated 13.1.2002, cancelled the letter of intent and forfeited the earnest mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he terms and conditions of the prospectus and policy decisions of PUDA but also along with a penalty equivalent to 10% of the total tentative allotment plot pirce, which would otherwise have been liable to forfeiture, in accordance with the stipulation of Section 45(3) of the Punjab Regional & Town Planning and Development Act, 1995. With the above stipulation the revision petition is partly accepted and the impugned orders are set aside subject, however, to the following conditions, that the 15% amount along with interest, penal interest, surcharge, etc. and in addition a penalty equivalent to 10% of the total allotment price shall be deposited within 30 days of the communication of this order." 9. It was furthermore contended that no distinction can be made between a person in whose favour a letter of intent has been issued and the one in whose favour a transfer has been made. Our attention has further been drawn to another order of the High Court Baldev Singh Jhajj v. The Secretary to the Government of Punjab & Ors. [Civil Writ Petition No.15845 of 2006 decided on 29.9.2006], wherein it was opined : "Without going into the detailed facts pleaded in the present petition, we tak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within 60 days from the issuance of letter of intent. It may further be true that in terms of clause (9) of the letter of intent, failure on his part would entail forfeiture of the earnest money. 13. Sub-sections (3) and (4) of Section 45 of the Act again may not be stricto sensu applicable as the principles of natural justice, as envisaged therein, were required to be complied with only in the cases of transferees. 14. It, however, appears that in terms of the office order dated 13.11.2002, the earnest money was directed to be forfeited only on the premise that he did not comply with the terms of the letters of intent. The Estate Officer did not take into consideration the fact that the appellant had applied for transfer. He had also sought for extension of time to deposit the amount. Extension was granted upto 8.6.2001. By a letter dated 9.10. 2001, however, it appears that further extension was granted upto 31.10.2001. No order, however, has been passed on his application for transfer. Admittedly, no show cause notice was issued. The order passed by the Estate Officer was a revisable one. The Revisional Authority had rejected the revision application, inter alia, upon taking i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ute sufficient reason would depend on the facts and circumstances of the case. The words "sufficient reason" in Order 47 Rule 1 of the Code are wide enough to include a misconception of fact or law by a court or even an advocate. An application for review may be necessitated by way of invoking the doctrine "actus curiae neminem gravabit"." It was furthermore observed : "93. It is also not correct to contend that the Court while exercising its review jurisdiction in any situation whatsoever cannot take into consideration a subsequent event. In a case of this nature when the Court accepts its own mistake in understanding the nature and purport of the undertaking given by the learned Senior Counsel appearing on behalf of the Board and its correlation with as to what transpired in the AGM of the Board held on 29-9-2004, the subsequent event may be taken into consideration by the Court for the purpose of rectifying its own mistake. 16. It has been stated before us that in terms of this Court's order dated 10.10.2007, the entire amount has been deposited. Appellant has, as noticed hereinbefore, undertaken to deposit the amount as and when directed to do so by the authorities. It m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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