STATE OF PUNJAB AND OTHERSversusDHANJIT SINGH SANDHU

                       [2014] 3 S.C.R. 1121


              STATE OF PUNJAB AND OTHERS                                 A
                                  v.
                   DHANJIT SINGH SANDHU
            (Civil Appeal Nos. 5698-5699 of 2009)
                        MARCH 14, 2014
                                                                         B
        [DR. B.S. CHAUHAN AND M.Y. EQBAL, JJ.)

     Punjab Urban Estate (Development and Regulation)
Rules, 1964: r.14 - Non-completion of building within time
prescribed from the date iof issue of the allotment letter -             C
Demand of non-construction fee/extension fee - Held: In the
instant case, allottee having failed to abide by the terms and
conditions and did not raise construction, he was liable to pay
non-construction fee/extension fee which was demanded from
him in order to enable him to avoid resumption of the plot to            o
the appellant-authority.
      Approtate and reprobate: Allotment letter - Specific
condition that non-construction of building would lead to
resumption of the plot under the provisions of the Acts and
the Rules - Non compliance of - Demand raised for payment                E
of non-construction fee/extension fee - In order to avoid
resumption of the plot by the Authority, allottee paid the
extension fee - After availing the benefit of extension on
payment of extension fee, allottee sent a letter to the Estate
Officer demanding refund of the extension fee on the basis               F
of amended Rule 13 of 1995 Rules - Held: The defaulting
allottee cannot be allowed to approbate and reprobate by first
agreeing to abide by terms and conditions of allotment and
later denying their liability as per t/1e agreed terms - It is settled
proposition of law that once an order has been passed which              G
is complied with, accepted by the other party who derived the
benefit out of it, he cannot subsequently challenge it on any
ground - Punjab Regional and Town Planning and
Development (General) Rules 1995.
                                 1121                                    H
    1122    SUPREME COURT REPORTS                 [2014] 3 S.C.R.

A       Doctrines/Principles: Doctrine of election - Held: Is based
  on the rule of estoppel, the principle that one cannot
  approbate and reprobate is inherent in it - The doctrine of
  estoppel by election is one among the species of estoppel
  in pais (or equitable estoppel), which is a rule of equity - By
B this law, a person may be precluded, by way of his actions,
  or conduct, or silence when it is his duty to speak, from
  asserting a right which he would have otherwise had.

       The respondent was allotted a plot. In terms of
  allotment letter, the respondent was required to complete
C the construction of building within three years from the
  date of issuance of the allotment letter after getting the
  plans of the proposed building approved by the
  competent Authority. As per Clause 15 of the allotment
  letter, the allotment was subject to the provisions of
D Punjab Estates (Development and Regulation Act), 1964
  and the Rules and Policies framed thereunder. In the year
  1995, the State of Punjab came up with the legislation
  known as Punjab Regional and Town Planning and
  Development Act, 1995. By the said Act, the Punjab Urban
E Estate (Development and Regulation) Act 1964 and
  Punjab Housing Development Board Act, 1972 were
  repealed. In exercise of power conferred under the Act,
  the State Government framed Rules called the Punjab
  Regional and Town Planning and Development (General)
F Rules 1995. Rule 13 of the Rules specified the time within
  which the building is required to be constructed. It also
  provided tor extension of time limit subject to payment
  of prescribed fee mentioned therein.
      The Punjab Urban Planning and Development
G Authority ('PUDA') issued a circular dated 15.1.1998
  revising the rate of extension fee chargeable for the
  residential and commercial plots and by the said circular
  a very high rate of extension fee was proposed to be
  charged. The respondent from time to time deposited the
H extension fee as demanded by the appellant.
   STATE OF PUNJAB AND OTHERS v. DHANJIT               1123
               SINGH SANDHU
     The respondent filed a writ petition on the ground        A
that an amount of Rs.1.20 lacs has been in excess
charged from the respondent and praying inter alia for
the directions to refund the excess fee charged from the
respondent. The court directed the appellant to
reconsider the representation and to dispose of the same       B
in the light of the order passed in Tehal Singh's case. In
compliance with the said directions, the respondent's
representation was considered and came to be rejected
on 23.12.2004 on the ground that in the facts and
circumstances of the case the instant case was not             c
similar to Tehal Singh's case. The writ petition was finally
heard by the High Court and relying on the ratio decided
in Tehal Singh's case disposed of the writ petition,
quashed the notice and directed the appellant to calculate
the extension fee as per Rule 13 of 1995 Rules. The
                                                               0
instant appeals were filed challenging the order of the
High Court.

    Allowing the appeals, the Court

     HELD: 1.1 It is clear from the terms of the allotment     E
that the allotment of the plot was subject to the provisions
contained in the Punjab Estates (Development and
Regulation) Act, 1964. Section 10 of the Act envisaged
provision for resumption and forfeiture of the land in case
of breach of conditions of allotment. In exercise of power     F
conferred by 1964 Act, Rules were framed in the1 ye~r
1965 i.e. Punjab Urban Es tat~. (·Development and
Regulation) Rules, 1964. ~ule 14 of the said Rules
categorically provided that the transferee shall complete
the building within three years from the date of issue of      G
the allotment letter. In accordance with the Rules and
Regulations of erection of the building, the time limit may
be extended by the Estate Officer, if he is satisfied that
failure to complete the construction of the building within
the said period was due to the reasons beyond the
                                                               H
    1124   SUPREME COURT REPORTS               (2014] 3 S.C R.


A control of the allottee. Since the respondent-allottee failed
  to abide by the terms and conditions and did not raise
  construction, he was liable to pay non-construction fee/
  extension fee which was demanded from him in order to
  enable him to avoid resumption of the plot to the
B appellant-authority. The said demand was made by letters
  dated 6.1.1997 and 27.10.1999. [Paras 10, 11 and 12]
  [1132-F-G; 1133-C-F]

        Tehaf Singh vs. State of Punjab & Ors. C.W.P. No.13648
    of 1998 - Distinguished.
c
      1.2 In response to letter dated 6.1.1997, the
  respondent agreed to pay the extension fee imposed by
  the Estate Officer of the appellant authority in order to
  avoid resumption/auction of the plot. Meanwhile, the
D State of Punjab enacted Punjab Regional and Town
  Planning and Development Act, 1995. By Section 183 of
  1995 Act, earlier Act of 1964 and Punjab Housing
  Development Board Act, 1972 were repealed with the
  saving clause. Subsequent to the Act, by Notification
E dated 30.6.1995, Punjab Urban Development Authority
  was established w.e.f. 1.7.1995 and the Board stood
  abolished with effect from that date. Many other Acts were
  also repealed. By the said Act, Authority was empowered
  to deal with the land and prescribe the fee in case where
F extension of period for completion of building is set for
  by the allottee. [paras 13 to 15] [1134-H; 1135-A-D]

      2.1. In the instant case, the respondents-allottees
  accepted the terms and conditions of the allotment letter
  and possession were taken but they did not raise any
G construction upto 2000. There was a specific condition
  that non-construction of building would lead to the
  resumption of the said plot under the provisions of the
  Acts and the Rules. When the allottees did not raise
  construction on the plot, the demand was raised for
H payment of non-construction fee/extension fee in order
    STATE OF PUNJAB AND OTHERS v. DHANJIT                1125
                SINGH SANDHU
to avoid resumption of the plot by the Authority, allottee       A
paid the extension fee. After availing the benefit of
extension on payment of extension fee, the allottee sent
a letter to the Estate Officer demanding refund of the
extension fee on the basis of amended Rule 13 of 1995
Rules. The defaulting allottes of valuable plots cannot be       B
allowed to approbate and reprobate by first agreeing to
abide by terms and conditions of allotment and later
seeking to deny their liability as per the agreed terms. The
doctrine of "approbate and reprobate" is only a species
of estoppel, it implies only to the conduct of parties. As       c
in the case of estoppel, it cannot operate against the
provisions of a statute. It is settled proposition of law that
once an order has been passed, it is complied with,
accepted by th.e other party and derived the benefit out
of it, he cannot challenge it on any ground. [paras 21, 22]      D
[·1137-C-F, G-H; 11,38~8]
       CJ T. vs. Mr. P. Firm Maur AIR 1965 SC 1216: 1965
  SCR 815; Maharashtra State Road Transport Corporation vs.
  Ba/want Regular Motor Service, Amravati & Ors. AIR 1969
. SC 329: 1969 SCR 808; R.N. Gosain vs. Yashpa/ Dhir AIR         E
  1993 SC 352: 1992 ( 2 ) Suppl. SCR 257; Sri Babu Ram
  Alias Durga Prasad vs. Sri Indra Pal Singh (Dead) by Lrs.
  AIR 1998 SC 3021: 1998 ( 3) SCR 1145; R. Deshpande vs.
  Maruti Bairam Haibatti AIR 1998 .SC 2979 : 1998 (3) SCR
  1079 ; The Rajasthan State Industrial Development and          F
  Investment Corporation and Anr. vs. Diamond and Gem
  Development Corporation Ltd. and Anr. AIR 2013 SC 1241:
 2013 (4) SCR 331 - relied on.
    2.2. It is evident that the doctrine of election is based
on the rule of estoppel, the principle that one cannot           G
approbate and reprobate is inherent in it. The doctrine of
estoppel by election is one among the species of
estoppel in pais (or equitable estoppel), which is a rule
of equity. By this law, a person may be precluded, by way
of his actions, or conduct, or silence when it is his duty       H
    1126    SUPREME COURT REPORTS                   [2014) 3 S.C.R.


A to speak, from asserting a right which he would have
  otherwise had. In the instant case, the High Court has
  totally overlooked the facts of the instant case and
  allowed the writ petition. The impugned order, therefore,
  cannot be sustained in law and is set aside. [paras 25,
B 26] (1139-B-E]

                         Case Law Reference:
        1965 SCR 815                    relied on        Para 22
        1969 SCR 808                    relied on        Para 22
c
        1992 (2) Suppl. SCR 257         relied on        Para 22
        1998 (3) SCR 1145               relied on        Para 23
        1998 (3) SCR 1079               relied on        Para 23

D       2013 (4) SCR 331                relied on        Para 24

        CIVIL APPELLATE JURISDICTION : Civil Appeal No.
    5698-5699 of 2009.

       From the Judgment and Order dated 08.01.2009 of the
E High Court of Punjab and Haryana at Chandigarh in Civil Writ
  Petition No. 8864 of 2007 and Order dated 27.03.2009 in
  Review Petition No. 112 of 2009.

        Rachana Joshi lssar for the Appellants.
F       The Judgment of the Court was delivered by

       M.Y. EQBAL, J. 1. These appeals are directed against the
  judgment and order dated 8.1.2009 passed by the Punjab &
  Haryana High Court in C.W.P. No.8864 of 2007 and also order
G dated 27.3.2009 passed in Review Petition No. 112 of 2009,
  whereby the writ petition filed by the respondent was allowed
  and the order dated 23.12.2004 passed by appellant no.3
  rejecting the application for refund of the extension fee received
  by the appellant in excess of the rates mentioned in Rule 13 of
H the Punjab Regional and Town Planning and Development Act,
   STATE OF PUNJAB AND OTHERS v. DHANJIT                     1127
        SINGH SANDHU [M.Y. EQBAL, J.]
1995 (in short '1995 Act') in the light of the judgment passed        A
in C.W.P. No.13648of1998 (Tehal Singh vs. State of Punjab
& Ors.) along with up-to-date interest has been set aside.

     2. The facts of the case lie in a narrow compass.

      3. The respondent was allotted a plot of land measuring         8
400 square yards bearing No.2177 at Durgi Road, Urban
Estate Phase-II, Ludhiana vide allotment letter dated 1.4.1986.
In terms of allotment, the respondent was required to complete
the construction of building within three years from the date of
issuance of the allotment letter after getting the plans of the       C
proposed building approved by the competent Authority. The
case of the respondent-writ petitioner is that there was no
condition in the allotment letter for charging extension fee in the
case of failure to complete construction of the building within
the aforementioned period of three years nevertheless as per          D
clause 15 of the allotment letter, the allotment was subject to
the provisions of Punjab Estates (Development and Regulation
Act), 1964 and the Rules and Policies framed thereunder.

     4. It appears that in the year 1995, the State of Punjab         E
came with the legislation known as Punjab Regional and Town
Planning and Development Act, 1995 (in short 'PUDAAct'). By
the said Act, the Punjab Urban Estate (Development and
Regulation) Act 1964 (in short '1964 Act') and Punjab Housing
Development Board Act, 1972 were repealed. In exercise of             F
power conferred under the Act, the State Government framed
rules called the Punjab Regional and Town Planning and
Development (General) Rules 1995 (in short '1995 Rules')
which was published vide Notification dated 22nd August,
1995. Rule 13 of the Rules specified the time within which the
building is to be constructed. It also provides for extension of      G
time limit subject to payment of prescribed fee mentioned
therein.

     5. The Punjab Urban Planning and Development Authority
(in short 'PUDA') issued a circular dated 15.1.1998 revising the      H
    1128    SUPREME COURT REPORTS                  [2014] 3 S.C.R.


A rate of extension fee chargeable for the residential and
  commercial plots and by the said circular a very high rate of
  extension fee was proposed to be charged. The respondent
  from time to time deposited the extension fee so demanded
  by the appellant. It is alleged that an amount of Rs.1.20 lacs
B has been in excess charged from the respondent. The
  appellant's case is that the appellant in an attempt to nullify the
  effect of the judgment rendered in Tehal Singh's case and to
  validate the demand of enhanced rate of extension fee
  purportedly framed the Rules called Punjab Regional and Town
c Planning and Development (General) Second Amendment
  Rules, 2001 (in short '2001 Rules') giving retrospective effect.

       6. The respondent moved a writ petition being C.W.P. No.
  7934 of 2004 praying inter alia for the directions to refund the
  excess fee charged from the respondent. It was disposed of
D with the directions to the appellant to reconsider the
  representation and to dispose of the same in the light of the
  order passed in C.W.P. No.13648 of 1998 (Tehal Singh's
  case). In compliance with the aforesaid directions, the
  respondent's representation was considered and came to be
E rejected by the appellant vide order dated 23.12.2004 on the
  ground that in the facts and circumstances of the case the
  instant case was not similar to Tehal Singh's case.

       7. The writ petition was finally heard by the Punjab and
F Haryana High Court and relying on the ratio decided in Tehal
  Sing's case (supra) disposed of the writ petition, quashed the
  notice and directed the appellant to calculate the extension fee
  as per Rule 13 of 1995 Rules. For better appreciation, the
  concluding paragraphs 15 to 17 of the impugned order are
G quoted hereinbelow:-

        "15. When the facts of the present case are examined in
        the light of the principle laid down by the Division Bench
        judgment in Tehal Singh's case (supra), we are left with
        no doubt that the show cause notices issued to the
H       petitioner on 19.9.2006 (P-4) and 12.12.2006 {P-7}
   STATE OF PUNJAB AND OTHERS v. DHANJIT                    1129
        SINGH SANDHU [M.Y. EQBAL, J.)

    requiring him to pay extension fee of Rs. 1,32,958/- was        A
    violative of the provisions of the 1995 Act and Rule 13 of
    the 1995 Rules, as has already been noticed in the
    preceding paras. The controversy, in fact, stand settled by
    the Division Bench judgment in Teha/ Singh's case (supra)
    and the issue does not deserve to be reopened. The              B
    respondents have failed to consider the reply filed by the
    petitioner wherein judgment rendered by the Division
    Bench in Tehal Singh's case (supra) has been cited and
    the charging of extension fee at exorbitant rate has been
    duly answered.                                                  c
   16. In view of above, the writ petition succeeds. The
   impugned notice dated 12.12.2006 (P-7) is hereby
   quashed. The respondents are directed to calculate the
   extension fee as per Rule 13 of the 1995 Rules. The
   needful shall be done within a period of two months from         D
   the date of receipt of a certified copy of this order. The
   petitioner shall pay the extension fee within a period of two
   months from the date of receipt of the calculation given in
   the fresh notice to be issued by the respondents. The
   petitioner shall further be entitled to consequential benefit    E
   to get the site plans approved. The petitioner is also held
   entitled to his costs.

   17. The other connected writ petitions are also disposed
   of in the above terms. It is, however, clarified that in cases   F
   such as C.W.P. Nos. 8864 and 13765 of 2007, where the
   petitioners have already paid the extension fee as per the
   rates demanded by the respondents, which are exorbitant
   and against the Division Bench judgment of this Court in
   Tehal Singh's case, the respondents are directed to re-          G
   calculate the amount of extension fee as per the provisions
   of Rule 13 of the Rules and refund the over-payment
   alongwith interest 10% per ann!Jm."

    8. We have heard Mrs. Rachna Joshi lssar, learned
counsel appearing for the appellant.                                H
    1130    SUPREME COURT REPORTS                   [2014] 3 S.C.R.


A        9. As noticed above, the plot in question was allotted to
    the respondent vide an allotment letter dated 1.4.1986. In terms
    of the allotment letter, the allottee had to fulfill the terms and
    conditions enumerated in the said letter. The terms and
    conditions of the said allotment are extracted hereinbelow:-
B
         "1. Plot No. 2177 Phase-II measuring 400 sq. yds. in
         Durgri Rd. Urban Estate has been allotted to you. The
         tentative price of the said plot is Rs. 51,000/-

         2. The plot is preferential one and additional price at the
c        rate of 10% of the original normal price is Rs.



         3. Total price of the plot (normal) plus preferential is Rs.
         51,000/-
D
         4. The above price of the plot is subject to variation with
         reference to the actual measurement of the site as well as
         in cost of enhancement of compensation by the court or
         otherwise and you shall have to pay the additional price
E        of the plot if any, determined by the department, within 30
         days of the date of demand of in case of sale by allotment.

         5. You shall have to convey your acceptance/refusal unless
         you refuse to accept the allotment by a registered AID letter
         within 30 days of the issue of this allotment order and have
F
         to pay 15% of the sale price amounting of Rs. 4750/- or
         such other amount with together with the amount already
         paid equal to at least 25% of the sale price of the site. In
         case of failure to deposit the sale amount the allotment
         shall be liable to be cancelled and earnest money already
G        paid forfeited.
        6. In case you refuse to accept the allotment through
        acknowledgment due registered letter addressed to the
        undersigned within 30 days of the date of issue of allotment
H       order. You will be entitled to the refund of the earnest
STATE OF PUNJAB AND OTHERS v. DHANJIT                   1131
     SINGH SANDHU [M.Y. EQBAL, J.]
money                                                            A

7. On payment of 100% of the purchase price of the plot
you shall have to execute in deed of conveyance in the
prescribed from in such manner as may be directed by the
Estate Officer.
                                                                 B
8. Balance 7.5% of the purchase price shall be payable
either lump-sum within 60 days of the issue of allotment
order without any interest or in four 2 six monthly equated
instalment alongwith interest at the rate of 7% per annum
The first installment shall fall due after the expiry of six     C
months from the date of issue of allotment order and shall
be payable on the 10th of the month following in which it
falls due.

9. Each remittance shall be remitted to the Estate Officer       D
by means of demand draft payable to him drawn on any
Scheduled Bank situated at the nearest place to the Estate
Officer. Each such remittance shall be accompanied by a
letter showing particulars of the site i.e. plot No. allotment
No. and date of issue of allotment order etc. In the absence     E
of these particulars, the amount shall not deem to have
been received.

10. You shall have to pay separately for any building
material trees, structures and compound wall etc. existing
in the plot at the time of allotment for which compensation      F
has been assessed and paid by the Government in x case
you want to make use of the same, failing which the
government shall have the right remove or dispose of the
same even after-the delivery of possession.
                                                                 G
11. The allotment shall be liable to cancellation in case of
the declaration made in the application for the allotment
of the plot is established to be incorrect.
12. You shall have to complete the building within three
                                                                 H
    1132    SUPREME COURT REPORTS                   [2014] 3 S.C.R.


A       years from the date of issue of allotment order, after getting
        the plans of the proposed building approved by the
        competent authority.

        13. The Government shall not be responsible for leveling
        the uneven sites.
B
        14. No allottee under this policy shall dispose of his plot
        for period of ten years from the date of transfer of the
        ownership to him. However the transfer of residential plot
        in the Urban Estate shall be allowed to be made in case
c       of death of the allottee in favour of his hairs.

              However, the transfer can be allowed before the
        expiry of ten years, in exceptional cases, with the prior
        approval of the Government. In case an allottee
D       contravenes provisions of this para, the plot will be
        resumed and price paid may be forfeited by the
        Government.

        15. The allotment is subject to the provision of the Punjab
        Urban Estates (Development & Regulation) Act, 1964 and
E       rules and policy framed thereunder as amended from time
        to time and you shall have to accept and abide by the
        provision of the Act/ Rules/ policy. "

       10. Further, it is clear that the allotment of the plot was
F subject to the provisions contained in the 1964 Act. Section
  1O of the Act envisages provision for resumption and forfeiture
  of the land in case of breach of conditions of allotment. Section
  10 reads as under:-
        "10. Resumption and forfeiture for breach of conditions
G       of transfer.- (i) If any transferee has failed to pay the
        consideration money or any installment thereof on
        account of the sale of any site or building, or both, under
        section 3, or has committed a breach of any other
        condition of such sale, the Estate Officer may, by notice
H
    STATE OF PUNJAB AND OTHERS v. DHANJIT                     1133
         SINGH SANDHU [M.Y. EQBAL, J.)
     in writing, call upon the transferee to show cause why            A
     an order of resumption of the site or building, or both,
     as the case may be, and forfeiture of the whole or
     any part of the money, if any, paid in respect thereof
     (which in no case shall exceed ten per cent of the total
     amount of the consideration money, interest and other             B
     dues payable in respect of the sale of the site or building,
     or both) should not be made".

    11. In exercise of power conferred by 1964 Act, Rules were
framed in the year 1965 i.e. Punjab Urban Estate (Development          C
and Regulation) Rules, 1964. Rule 14 of the said Rules
categorically provided that the transferee shall complete the
building within three years from the date of issue of the allotment
letter. In accordance with the Rules and Regulations of erection
of the building, the time limit may be extended by the Estate
Officer if he is satisfied that failure to complete the construction   D
of the building within the said period was due to the reasons
beyond the control of the allottee.

     12. Since the respondent-allottee failed to abide by the
terms and conditions and did not raise construction, he was            E
liable to pay non-construction fee/extension fee which was
demanded from him in order to enable him to avoid resumption
of the plot to the appellant-authority. The aforesaid demand
was made by letters dated 6.1.1997 and 27.10.1999. The said
letter dated 6.1: 1997 is extracted hereinbelow:-                      F

        "PUNJAB URBAN, PLANNING DEVELOPMENT
       AUTHOR, SECTOR -32, SAMARALA ROAD, PUDA
           COMPLEX, LUDHIANA REGISTERED

     To,                                                               G

     D.S. Sandhu Superintending Engineer (PWD) Office of the
     Chief Engineer, PWD B&R, Patna

     No. PUDA/E.O./Ludhiana (Endst. No. 2177)96/34478
     Dated 06.01.97,                                                   H
    1134    SUPREME COURT REPORTS                      [2014] 3 S.C.R.


A       Sub: Regarding payment of balance installment
        resumption of plot of Urban Estate D Road, Sector/ Phase-
        11 at Ludhiana, residential/ commercial plot no. 2177. area
        400.

        With regard to the above subject.
B
        2. Res. 26712/- the detail of which is given below is
        recoverable from you as balance of residential/commercial
        plot No. 2177, Urban Estate, D road, Sector/Phase-II, at
        Ludhiana. Therefore, deposit a bank draft of this amount
c       alongwith 18%interest per annum which should be in
        favour of Estate Officer, PUDA, Ludhiana and may be
        payable at any scheduled bank upto 31.01.97 in all
        circumstances and appear before the undersigned on the
        date at 11.00 a.m. in case of failure to do so, action would
D       be initiated for resumption of allotment of plot under the
        conditions of allotment and under Punjab Regional and
        Town Planning and Development Act, 1995 and the rules
        made thereunder and no other opportunity would be given
        to you.
E
        1............amount of balance installments.

        2. amount of enhanced compensation

        3. extension fee 26712/-
F
        4. interest

        5. penalty
                                                        Total 26712
G                                                 Sd/- Estate Officer
                                                   In English PUDA,
                                                          Ludhiana."

        13. In response to the aforesaid letter dated 6.1.1997, the
    respondent agreed to pay the extension fee imposed by the
H
    STATE OF PUNJAB AND OTHERS v. DHANJIT                   1135
         SINGH SANDHU [M.Y. EQBAL, J.]
Estate Officer of the appellant authority in order to avoid          A
resumption/auction of the plot.

     14. Meanwhile, the State of Punjab enacted Punjab
Regional and Town Planning and Development Act, 1995.
Rules were also framed under the said Act. By Section 183            B
of 1995 Act, earlier Act of 1964 and Punjab Housing
Development Board Act, 1972 were repealed with the saving
clause.

     15. Subsequent to the aforesaid Act, by Notification dated
30.6.1995, Punjab Urban Development Authority was                    C
established w.e.f. 1. 7.1995 and the Board stood abolished with
effect from that date. Many other Acts were also repealed. By
the said Act Authority was empowered to deal with the land and
prescribe the fee in case where extension of period for
completion of building is set for by the allottee.                   D

     16. Since the High Court passed the impugned order
following the decision rendered by the Punjab & Haryana High
Court in Tehal Singh's case, it would be proper to refer the facts
of that case.
                                                                     E
      17. In Teha/ Singh vs. State of Punjab and Ors. (C.W.P.
No.13648 of 1998), the petitioner filed the writ petition seeking
a writ for quashing certain letters demanding extension fee and
striking down condition No.19 of allotment letter, insofar as it
relates to the charging of separate extension fee for non            F
completion of construction of building. Further mandamus was
sought for directing the respondents to charge extension fee
from the petitioner under the provisions of Rule 13 of 1995
Rules. The High Court after referring various provisions of 1995
Acts and Rules made thereunder observed as under:-                   G

    "A conjoint reading of the various provisions of the 1995
    Act and the 1995 Rules shows that the transfer of land
    under sub-section (1) of Section 43 is not only subject to
    the directions which may be given by the State Government        H
    1136    SUPREME COURT REPORTS                    [2014] 3 S.C.R.


A       under the 1995 Act but also the conditions which may be
        prescribed with regard to completion of building of part
        thereof and with regard to extension of period for such
        completion and payment of fee for such extension. A
        perusal of rule 13 of the 1995 Rules along with Section
B       180 (2) (i) and Section 2 (zc) of the 1995 Act shows that
        the time within which the building is to be completed and
        other related matters are governed by the 1995 Rules.
        Therefore, with the coming into force of these Rules, the
        rates of extension fee prescribed by the Board stood
c       superseded and in terms of sub-rule (2) of Rule 13 of the
        1995 Rules, the petitioners became eligible to seek
        extension of the specified time limit subject to payment of
        the fee prescribed under sub-rule (3) of Rule 13."

        18. The Court further came to the following conclusions:-
D
        "We have thoughtfully considered the respective
        submissions. In our opinion, Shri Malhotra's contention on
        the issue of applicability of the 1995 Act to the plots allotted
        to the petitioners is clearly wide of the margin. A bare
E       reading of the plain language of sub-section (4)of Section
        183 of the 1995 Act makes it clear that the allotment of
        Section 183 of the 1995 Act makes it clear that the
        allotment made by the erstwhile Board will be deemed to
        have been made under the 1995 Act. Therefore, the
        construction of the building will have to be regulated by the
F
        conditions of allotment read with Rule 13 of the 1995 Rules.
        As a logical corollary, the extension of the time limit
        specified in the letter of allotment will also be governed by
        the provisions of the 1995 Rules and the petitioners are
        entitled to seek extension of the time limit by paying the
G
        fee prescribed under Rule 13".

          19. Consequently the Court declared the notices
    demanding enhanced extension fee as illegal and ultra vires
    to tha provisions of 1995 Act under the Rules made thereunder.
H
    STATE OF PUNJAB AND OTHERS v. DHANJIT                   1137
         SINGH SANDHU [M.Y. EQBAL, J.]
     20. It is worth to mention here that the aforesaid judgment     A
rendered in Tehal Singh's case was challenged before the
Supreme Court in S.L.P. No.18500-18501 of 1999 and was
dismissed on 10.11.2000, but the said order of dismissal was
modified by the Supreme Court by order dated 12.2.2001 in
the following terms.                                                 s·
    "In the facts and circumstances of the case the order does
    not warrant in any interference of this Court. The appeals
    are accordingly dismissed."

      21. As noticed above, the facts are quite different from the   C
facts in Tehal Singh's case. In the instant case, the
respondents-allottees accepted the terms and conditions of the
allotment letter and possession were taken but they did not
raise any construction upto 2000. There was a specific
condition that non-construction of building would lead to the        D
resumption of the said plot under the provisions of the Acts and
the Rules. As noticed above, when the allottees did not raise
construction on the plot, the demand was raised for payment
of non-construction fee/extension fee in order to avoid
resumption of the plot by the Authority, allottee paid the           E
extension fee. After availing the benefit of extension on
payment of extension fee, the allottee sent a letter to the Estate
Officer demanding refund of the extension fee on the basis of
amended Rule 13 of 1995 Rules. The said demand was
rejected by the Estate Officer by passing the reasoned order         F
in compliance of the directions of the High Court. In the facts
of the instant case, we have no doubt in our mind in holding
that the ratio decided in Tehal Singh's case will not apply in the
instant case. In our considered opinion defaulting allottes of
valuable plots cannot be allowed to approbate and reprobate
by first agreeing to abide by terms and conditions of allotment      G
and later seeking to deny their liability as per the agreed terms.

    22. The doctrine of "approbate and reprobate" is only a
species of estoppel, it implies only to the conduct of parties.
As in the case of estoppel it cannot operate against the             H
    1138    SUPREME COURT REPORTS                    [2014] 3 S.C.R.


A provisions of a statute. (vide C./. T. vs. Mr. P. Firm Maur, AIR
  1965 SC 1216).

       It is settled proposition of law that once an order has been
  passed, it is complied with, accepted by the other party and
  derived the benefit out of it, he cannot challenge it on any
8
  ground. (Vide Maharashtra State Road Transport Corporation
  vs. Balwant Regular Motor Service, Amravati & Ors., AIR 1969
  SC 329). In R.N. Gosain vs. Yashpal Dhir, AIR 1993 SC 352,
  this Court has observed as under:-

C              "Law does not permit a person to both approbate
        and reprobate. This principle is based on the doctrine of
        election which postulates that no party can accept and
        reject the same instrument and that "a person cannot say
        at one time that a transaction is valid and thereby obtain
o       some advantage, to which he could only be entitled on the
        footing that it is valid, and then turn round and say it is void
        for the purpose of securing some other advantage."

       23. This Court in Sri Babu Ram Alias Durga Prasad vs.
  Sri Indra Pal Singh (Dead) by Lrs., AIR 1998 SC 3021, and
E P.R. Deshpande vs. Maruti Bairam Haibatti, AIR 1998 SC
  2979, the Supreme Court has observed that the doctrine of
  election is based on the rule of estoppal- the principle that one
  cannot approbate and reprobate inheres in it. The doctrine of
  estoppal by election is one of the species of estoppel in pais
F (or equitable estoppel), which is a rule in equity. By that law, a
  person may be precluded by his actions or conduct or silence
  when it is his duty to speak, from asserting a right which he
  otherwise would have had.
G       24. The Supreme Court in The Rajasthan State Industrial
    Development and Investment Corporation and Anr. vs.
    Diamond and Gem Development Corporation Ltd. and Anr.,
  AIR 2013 SC 1241, made an observation that a party cannot
  be permitted to "blow hot and cold", "fast and loose" or
H "approbate and reprobate". Where one knowingly accepts the
   STATE OF PUNJAB AND OTHERS v. DHANJIT                   1139
        SINGH SANDHU [M.Y. EQBAL, J.]
benefits of a contract or conveyance or an order, is estopped       A
to deny the validity or binding effect on him of such contract or
conveyance or order. This rule is applied to do equity, however,
it must not be applied in a manner as to violate the principles
of right and good conscience.

      25. It is evident that the doctrine of election is based on   B
the rule of estoppel the principle that one cannot approbate and
reprobate is inherent in it. The doctrine of estoppel by election
is one among the species of estoppel in pais (or equitable
estoppel), which is a rule of equity. By this law, a person may
be precluded, by way of his actions, or conduct, or silence when    C
it is his duty to speak, from asserting a right which he would
have otherwise had.

     26. Be that as it may, so far as the instant case is
concerned, the High Court has totally overlooked the facts of       o
the present case and allowed the writ petition. The impugned
order, therefore, cannot be sustained in law and is hereby set
aside. The appeals are accordingly allowed. However, in the
facts of the case, there shall be no order as to costs.

D.G.                                          Appeals allowed.
                                                                    E