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2026 DAILYLAW 25243 (PNJ)

IQBAL SINGH v. GREATER MOHALI AREA DEVELOPMENT AUTHORITY GMADA AND ANR

CWP/19287/2026 · 2026-07-01

Jasgurpreet Singh Puri, Sanjiv Berry

body2026

Judgment text

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137 CWP-19287-2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-19287-2026 Date of decision: 01.07.2026 Iqbal Singh ….Petitioner. Versus Greater Mohali Area Development Authority and another ....Respondents. CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI HON’BLE MR. JUSTICE SANJIV BERRY Present:- Ms. Gurjot Kaur Ghai, Advocate, for the petitioner. Ms. Avin Sandhu, Advocate, for respondents/GMADA. ..… JASGURPREET SINGH PURI, J. (Oral) 1. Present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus for direction to the respondents to remove/relocate the overhead high voltage electricity wires and to remove the unauthorised car shed/structure obstructing the petitioner’s allotted residential plot. A further direction is sought to restrain the respondents from re-auctioning the disputed plot or creating any third party rights. 2. Learned counsel for the petitioner submitted that the petitioner has participated in the e-auction of residential plot No. 2312, Sector 65, SAS Nagar, (Mohali), measuring 424.33 square meters, which was conducted by respondents/GMADA on 29.10.2024 and the last date for depositing the requisite amount of Rs.64,65,703.13/- was PREETI 2026.07.02 17:36 I attest to the accuracy and integrity of this document 137 CWP-19287-2026 -2- 18.11.2024. She further submitted that the petitioner was having the aforesaid amount in the Bank but did not deposit the same to the respondents/GMADA because it was found by the petitioner that there are overhead high voltage electricity wires of the aforesaid plot which was e-auctioned, therefore, it was requested to the respondents/GMADA to remove the aforesaid high voltage wires. However, it is an admitted position that on or before the aforesaid last date, i.e. 18.11.2024, the petitioner did not deposit the aforesaid amount which was required to be deposited. 3. Learned counsel for the petitioner further submitted that when there are electricity wires over and above the plot, there is no use of paying the aforesaid amount unless the same are removed, therefore the present petition was filed seeking direction to the respondents to remove the overhead high voltage electricity wires and not to re-auction the requisite plot and not to create any third party rights. 4. At this stage, Ms. Avin Sandhu, Advocate, appearing on behalf of the respondents/GMADA, has submitted that the petitioner has no vested right to file the present petition in view of the fact that the petitioner failed to deposit the requisite amount on or before 18.11.2024, which was the last date for deposit of the aforesaid amount. She submitted that the petitioner has rather blocked his right to get the allotment of the aforesaid plot. She further submitted, on instructions, that neither any letter of intent nor any allotment letter was PREETI 2026.07.02 17:36 I attest to the accuracy and integrity of this document 137 CWP-19287-2026 -3- ever issued to the petitioner and in this way there is no vested right with the petitioner to file the present petition. 5. We have heard learned counsels for the parties. 6. It is an admitted position that the petitioner was the highest bidder at the time of bid auction but the necessary amount which was pre-requisite was required to be deposited by the petitioner on or before 18.11.2024, which admittedly the petitioner did not deposit and consequently the respondents/GMADA did not issue any allotment letter or letter of intent to the petitioner. 7. Primarily, in the present petition, the relief claimed is for removal of electricity wires over and above the residential plot. However, we are of the considered view that the petitioner has got no vested right because there is no legal right vested with the petitioner since admittedly petitioner did not deposit the requisite amount and no allotment has been made in favour of the petitioner. Therefore, no ground is made out seeking invocation of extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. 8. Consequently, finding no merit in the present petition, the same is hereby dismissed. (JASGURPREET SINGH PURI) JUDGE (SANJIV BERRY) 01.07.2026 JUDGE preeti i) Whether speaking/reasoned? Yes/No ii) Whether reportable? Yes/No PREETI 2026.07.02 17:36 I attest to the accuracy and integrity of this document