Allotment cancelled, but occupant stays put

Kuldip Bhatia

Ludhiana, July 21

With each passing day more and more instances of gross negligence on the part of Ludhiana Improvement Trust (LIT) authorities in making their land and properties secure from encroachers and unlawful occupants are coming to the fore.

The latest is a residential flat no 40 (IInd floor) in Sant Isher Singh Nagar on Pakhowal Road. The flat in the 8.4 acre scheme is allegedly under ‘unlawful’ occupation for the past 33 years.

Surprisingly, no apparent efforts have been made for the eviction of the occupant even after the allotment was cancelled in January 1993 and the Hon’ble Punjab and Haryana High Court also ruled in favour of the Trust in July 2018.

In a complaint lodged with the Local Government Department, Punjab, Som Datt, a resident of Jalandhar, has alleged that the said flat was allotted in the name of one Tejassavi Chander Sharma way back in August 1987 in gross violation of rules governing the allotment policy of the state government. A copy of the complaint was also sent to the LIT chairman.

“The allottee having failed to deposit any earnest money and subsequently installments towards cost of the flat, the allotment was cancelled by the Additional Director-cum-Additional Secretary of Local Government Department, Punjab in January 1993 as per the terms and conditions of the allotment letter,” said the complaint.

After the allottee got a favourable verdict from the trial court and later again from the first appellate court, directing the LIT to accept arrears towards earnest money and installments against the allotment of flat. The Trust preferred an appeal with the Punjab and Haryana High Court against the orders passed by the trial court and the first appellate court.

While deciding the LIT appeal (petition no RSA 4182 of 2009 – O & M) on July 18, 2018, the HC set aside the orders of both the trial court and the appellate court while ruling that the allotment of the flat was not made in accordance with the laid down policy, the allottee had failed to deposit any earnest money and subsequent installments and the cancellation of allotment by the Department of Local Government, Punjab, was in order.

Charging LIT officials with being in collusion with the allottee, the complainant further alleged that the ‘illegally’ occupied flat was being put to commercial use which amounted to ‘illegal’ change of land use, and part of the huge monthly rent was being pocketed by some LIT officials.

Change of land use illegal, says complainant

• In a complaint lodged with the Local Government Department, Punjab, Som Datt, a resident of Jalandhar, has alleged that flat no 40 (IInd floor) in Sant Isher Singh Nagar on Pakhowal Road was allotted in the name of one Tejassavi Chander Sharma way back in August 1987 in gross violation of rules governing the allotment policy of the state government. A copy of the complaint was also sent to the LIT chairman.
• Charging Ludhiana Improvement Trust officials with being in collusion with the allottee, the complainant further alleged that the ‘illegally’ occupied flat was being put to commercial use which amounted to ‘illegal’ change of land use, and part of the huge monthly rent was being pocketed by some LIT officials.

Join Whatsapp Channel of The Tribune for latest updates.