LAW FOR ALL

The doctrine of estoppel by election - Punjab Regional and Town Planning and Development Act, 1995 (in short ‘PUDA Act’) ,The Punjab Urban Estate (Development and Regulation) Act 1964 (in short ‘1964 Act’) and Punjab Housing Development Board Act, 1972 - plot allotted - as per the terms construction should be completed with in 3 years, else plot will be resumed - Demand notice issued an option to surrender the plot or to pay extension fee for the delay - Writ petitioner adopted payment of extension fee - after commencement of New Act , Writ petitioner issued notice for refund of the amount paid - commissioner rejected as Tehal singh case not applies - High court allowed the writ basing on Tehal singh judgment - Apex court held that Commissioner is rightly dismissed and set aside the order of High court as no party should blow hold and clod at the same time and as he availed the benefit from resumption of land by paying extension fee , can not go back and demanded for refund of the same = State of Punjab and Others …….Appellants Versus Dhanjit Singh Sandhu …..Respondent= 2014 (March. Part ) judis.nic.in/supremecourt/filename=41318