Kaagazaat

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Show-Cause Reply and Appeal against Resumption or Forfeiture (Section 45, PRTPDA 1995 — Authority Plot or House)

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  1. You, the allottee
  2. The site and the allotment
  3. The show-cause notice
  4. If you are appealing an order
  5. Why the default happened, and the position now
  6. Appearance and signing

Step 1 of 6

You, the allottee

For example: Harpreet Singh Bedi

For example: son of Shri Gurdial Singh Bedi

Your address for service of noticesNeeded

A number somebody can be reached on. Ten digits is the usual Indian form, and a country code in front of it is fine if you want it there.

For example: +91 XXXXX XXXXX

Which development authority allotted the siteNeeded
Address of the authority's office where you will file thisNeeded
Which officer this goes toNeeded
What this document isNeeded
More details — you may leave these

An email address somebody actually reads. Notices under a document like this can be sent to it, so a working one matters more than a tidy one.

For example: harpreet.bedi@example.com

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BEFORE:
__________
__________
__________

__________

SUBJECT: __________, allotted vide Allotment / Re-allotment Letter No. __________ dated __________ — in the matter of Notice / Memo No. __________ dated __________ and the sum of __________ claimed thereunder.

Respected Sir / Madam,

PART A — THE ALLOTTEE, THE SITE, THE NOTICE AND THE MONEY

A-1. I, __________, __________, resident of __________, am the allottee and transferee of __________, measuring __________, in the urban estate of __________ (hereinafter "the said site"). I may be contacted on __________. All notices and orders in these proceedings may be served on me at the above address, and I undertake to intimate any change in it in writing.

A-2. The said site was transferred to me under section 43 of the Punjab Regional and Town Planning and Development Act, 1995 (hereinafter "the Act") by Allotment / Re-allotment Letter No. __________ dated __________. The total consideration money fixed for the said site by that letter is __________.

A-3. Against that consideration money I have paid to the Authority a total of __________ up to the date of this representation, and the receipts are annexed.

A-4. As on the date of this representation, __________.

A-5. THE COMMUNICATION OUT OF WHICH THESE PROCEEDINGS ARISE. These proceedings arise out of Notice / Memo No. __________ dated __________, issued to me by the Estate Officer under __________. It is identified here whether this representation shows cause against that communication, appeals against an order since passed in the same matter, or does both, so that the file can be traced from a single reference.

A-6. THE MONEY CLAIMED. A sum of __________ is stated by the Authority to be due from me and in default.

A-7. THE REASON FOR THE DEFAULT. The default was not wilful, and the circumstances in which it arose are these: __________

A-8. THE STATE OF THE SAID SITE. The consideration money under section 43 of the Act is payable in respect of a site which the Authority undertakes to develop and to deliver on the terms of the allotment, and sub-section (6) of section 43, which keeps the land in the Authority until the entire consideration money together with interest and any other amount due on account of the transfer is paid, is a provision securing the Authority's money — it is not, by itself, a licence to resume.

A-9. ENHANCEMENT AND ADDITIONAL PRICE. Any demand for enhanced or additional price is a distinct demand which must be separately raised, separately computed and separately communicated, with an opportunity to the allottee to be heard upon it, before default in paying it can be visited with a penalty or with resumption.

A-10. EXTENSION FEE. Sub-section (2) of section 43 of the Act makes a transfer subject to such further conditions as may be prescribed with regard to the completion of buildings, the extension of the period for such completion, and the payment of fees for such extension. Extension fee is therefore chargeable only upon a condition so prescribed and at a rate the Authority has actually notified, computed from the date of allotment and only for the periods for which the delay is attributable to me.

PART D — OFFER, SUBMISSIONS AND DOCUMENTS

D-1. FURTHER SUBMISSIONS. I crave leave to urge further grounds, and to place further documents on the record, at the hearing.

D-2. HEARING. I request that a date of hearing be fixed and that at least seven days' notice of it be given to me at the address and contact details in clause A-1. I shall appear at the hearing __________.

D-3. DOCUMENTS FILED WITH THIS REPRESENTATION. __________ Every copy filed is self-attested, and the originals will be produced at the hearing.

D-4. RESERVATION. Nothing in this representation is to be read as an admission of the correctness of the amount claimed, of the computation of interest, of the enhancement or additional price, or of the extension fee. I ask for a full and dated statement of account from the Authority showing the consideration money, the interest and every other due said to be payable in respect of the transfer, and I reserve my right to pursue the further remedies available to me under sub-sections (5), (7) and (8) of section 45 and under section 48 of the Act.

SCHEDULE OF THE SAID SITE

Description of the site: __________
Area: __________
Authority and urban estate: __________
Allotment / Re-allotment Letter: No. __________ dated __________
Total consideration money: __________
Total amount paid to the Authority to date: __________
Amount stated to be in default: __________
Communication out of which these proceedings arise: No. __________ dated __________
Position as to possession: __________

PART E — PRAYER

It is therefore most respectfully prayed that this authority may be pleased to order that:
— the disputed components of the demand be computed afresh and communicated to me with a dated statement of account before any coercive step is taken;
— the said site continue with me, or be restored to me, on the terms of the original allotment upon payment of the amount found lawfully due;
— I be given a personal hearing before any order adverse to me is passed; and
— such further or other relief be granted to me as this authority may deem fit in the facts and circumstances of the case.

VERIFICATION

I, __________, the allottee above named, verify that the contents of Parts A to D of this representation, and of the Schedule and the Prayer above, are true to my knowledge derived from the records of my own case, that no part of them is false, that nothing material has been concealed, and that the documents filed with this representation are true copies of their respective originals. Verified at __________ on __________.

Yours faithfully,

______________________________________
__________
__________
Allottee / Appellant
__________
Mobile: __________

Place: __________
Date: __________

FOR OFFICE USE — ACKNOWLEDGEMENT OF RECEIPT

Received one copy of the above representation with annexures.

Diary No. _______________________ Dated _______________________

Name, signature and stamp of the receiving official _______________________

(The affidavit below is part of this pack. Engross it on separate non-judicial
stamp paper and swear it before an Oath Commissioner or a Notary Public. It is
filed WITH the representation above, never in place of it, and where the site
stands in more than one name each joint allottee swears one on his own paper.)

AFFIDAVIT IN SUPPORT OF THE REPRESENTATION

BEFORE:
__________
__________
__________

In the matter of __________ and of Notice / Memo No. __________ dated __________.

I, __________, __________, resident of __________, do hereby solemnly affirm and declare as under:

  1. That I am the allottee of __________, measuring __________, allotted to me by __________ vide Allotment / Re-allotment Letter No. __________ dated __________, and I am competent to swear this affidavit.
  1. That I have filed the accompanying representation before this authority and I have read and understood its contents.
  1. That the facts stated in the accompanying representation are true to my knowledge, derived from the records of my own case and from the documents filed with it, and the grounds urged in it are believed by me to be well founded in law upon the advice I have taken.
  1. That nothing material has been concealed and no part of the accompanying representation is false.
  1. That the documents filed with the accompanying representation are true copies of their respective originals, which are in my possession and will be produced for inspection at the hearing.
  1. That no proceeding on the same subject matter between me and the Authority is pending before any other authority, tribunal or court, save as expressly disclosed in the accompanying representation.
  1. That I undertake to appear on every date of hearing fixed in this matter and to intimate to the Authority in writing any change in my address for service.

VERIFICATION

I verify that the contents of paragraphs 1 to 7 of this affidavit are true and correct to the best of my knowledge and belief, that nothing material has been concealed and that no part of it is false. I am aware that a false statement on oath renders me liable to be proceeded against in accordance with law.

Verified at __________ on __________.

______________________________________
__________
Deponent

ATTESTED BEFORE ME

Oath Commissioner / Notary Public
Register serial No. _______________________ Dated _______________________
Seal:

The rest stays out of view until every answer is in.

KAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINALKAAGAZAAT — PREVIEW, NOT FINAL

BEFORE:
__________
__________
__________

__________

SUBJECT: __________, allotted vide Allotment / Re-allotment Letter No. __________ dated __________ — in the matter of Notice / Memo No. __________ dated __________ and the sum of __________ claimed thereunder.

Respected Sir / Madam,

PART A — THE ALLOTTEE, THE SITE, THE NOTICE AND THE MONEY

A-1. I, __________, __________, resident of __________, am the allottee and transferee of __________, measuring __________, in the urban estate of __________ (hereinafter "the said site"). I may be contacted on __________. All notices and orders in these proceedings may be served on me at the above address, and I undertake to intimate any change in it in writing.

A-2. The said site was transferred to me under section 43 of the Punjab Regional and Town Planning and Development Act, 1995 (hereinafter "the Act") by Allotment / Re-allotment Letter No. __________ dated __________. The total consideration money fixed for the said site by that letter is __________.

A-3. Against that consideration money I have paid to the Authority a total of __________ up to the date of this representation, and the receipts are annexed.

A-4. As on the date of this representation, __________.

A-5. THE COMMUNICATION OUT OF WHICH THESE PROCEEDINGS ARISE. These proceedings arise out of Notice / Memo No. __________ dated __________, issued to me by the Estate Officer under __________. It is identified here whether this representation shows cause against that communication, appeals against an order since passed in the same matter, or does both, so that the file can be traced from a single reference.

A-6. THE MONEY CLAIMED. A sum of __________ is stated by the Authority to be due from me and in default.

A-7. THE REASON FOR THE DEFAULT. The default was not wilful, and the circumstances in which it arose are these: __________

A-8. THE STATE OF THE SAID SITE. The consideration money under section 43 of the Act is payable in respect of a site which the Authority undertakes to develop and to deliver on the terms of the allotment, and sub-section (6) of section 43, which keeps the land in the Authority until the entire consideration money together with interest and any other amount due on account of the transfer is paid, is a provision securing the Authority's money — it is not, by itself, a licence to resume.

A-9. ENHANCEMENT AND ADDITIONAL PRICE. Any demand for enhanced or additional price is a distinct demand which must be separately raised, separately computed and separately communicated, with an opportunity to the allottee to be heard upon it, before default in paying it can be visited with a penalty or with resumption.

A-10. EXTENSION FEE. Sub-section (2) of section 43 of the Act makes a transfer subject to such further conditions as may be prescribed with regard to the completion of buildings, the extension of the period for such completion, and the payment of fees for such extension. Extension fee is therefore chargeable only upon a condition so prescribed and at a rate the Authority has actually notified, computed from the date of allotment and only for the periods for which the delay is attributable to me.

PART D — OFFER, SUBMISSIONS AND DOCUMENTS

D-1. FURTHER SUBMISSIONS. I crave leave to urge further grounds, and to place further documents on the record, at the hearing.

D-2. HEARING. I request that a date of hearing be fixed and that at least seven days' notice of it be given to me at the address and contact details in clause A-1. I shall appear at the hearing __________.

D-3. DOCUMENTS FILED WITH THIS REPRESENTATION. __________ Every copy filed is self-attested, and the originals will be produced at the hearing.

D-4. RESERVATION. Nothing in this representation is to be read as an admission of the correctness of the amount claimed, of the computation of interest, of the enhancement or additional price, or of the extension fee. I ask for a full and dated statement of account from the Authority showing the consideration money, the interest and every other due said to be payable in respect of the transfer, and I reserve my right to pursue the further remedies available to me under sub-sections (5), (7) and (8) of section 45 and under section 48 of the Act.

SCHEDULE OF THE SAID SITE

Description of the site: __________
Area: __________
Authority and urban estate: __________
Allotment / Re-allotment Letter: No. __________ dated __________
Total consideration money: __________
Total amount paid to the Authority to date: __________
Amount stated to be in default: __________
Communication out of which these proceedings arise: No. __________ dated __________
Position as to possession: __________

PART E — PRAYER

It is therefore most respectfully prayed that this authority may be pleased to order that:
— the disputed components of the demand be computed afresh and communicated to me with a dated statement of account before any coercive step is taken;
— the said site continue with me, or be restored to me, on the terms of the original allotment upon payment of the amount found lawfully due;
— I be given a personal hearing before any order adverse to me is passed; and
— such further or other relief be granted to me as this authority may deem fit in the facts and circumstances of the case.

VERIFICATION

I, __________, the allottee above named, verify that the contents of Parts A to D of this representation, and of the Schedule and the Prayer above, are true to my knowledge derived from the records of my own case, that no part of them is false, that nothing material has been concealed, and that the documents filed with this representation are true copies of their respective originals. Verified at __________ on __________.

Yours faithfully,

______________________________________
__________
__________
Allottee / Appellant
__________
Mobile: __________

Place: __________
Date: __________

FOR OFFICE USE — ACKNOWLEDGEMENT OF RECEIPT

Received one copy of the above representation with annexures.

Diary No. _______________________ Dated _______________________

Name, signature and stamp of the receiving official _______________________

(The affidavit below is part of this pack. Engross it on separate non-judicial
stamp paper and swear it before an Oath Commissioner or a Notary Public. It is
filed WITH the representation above, never in place of it, and where the site
stands in more than one name each joint allottee swears one on his own paper.)

AFFIDAVIT IN SUPPORT OF THE REPRESENTATION

BEFORE:
__________
__________
__________

In the matter of __________ and of Notice / Memo No. __________ dated __________.

I, __________, __________, resident of __________, do hereby solemnly affirm and declare as under:

  1. That I am the allottee of __________, measuring __________, allotted to me by __________ vide Allotment / Re-allotment Letter No. __________ dated __________, and I am competent to swear this affidavit.
  1. That I have filed the accompanying representation before this authority and I have read and understood its contents.
  1. That the facts stated in the accompanying representation are true to my knowledge, derived from the records of my own case and from the documents filed with it, and the grounds urged in it are believed by me to be well founded in law upon the advice I have taken.
  1. That nothing material has been concealed and no part of the accompanying representation is false.
  1. That the documents filed with the accompanying representation are true copies of their respective originals, which are in my possession and will be produced for inspection at the hearing.
  1. That no proceeding on the same subject matter between me and the Authority is pending before any other authority, tribunal or court, save as expressly disclosed in the accompanying representation.
  1. That I undertake to appear on every date of hearing fixed in this matter and to intimate to the Authority in writing any change in my address for service.

VERIFICATION

I verify that the contents of paragraphs 1 to 7 of this affidavit are true and correct to the best of my knowledge and belief, that nothing material has been concealed and that no part of it is false. I am aware that a false statement on oath renders me liable to be proceeded against in accordance with law.

Verified at __________ on __________.

______________________________________
__________
Deponent

ATTESTED BEFORE ME

Oath Commissioner / Notary Public
Register serial No. _______________________ Dated _______________________
Seal:

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