Punjab-Haryana High Court
Mohd. Akram And Others vs U.T. Chandigarh And Others on 6 September, 2012
Bench: Hemant Gupta, Rajiv Narain Raina
Civil Writ Petition No.14543 of 2011 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.14543 of 2011
Date of Decision:06.09.2012
Mohd. Akram and others ......Petitioners
Versus
U.T. Chandigarh and others ......Respondents
CORAM:- HON'BLE MR.JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Maninder Arora, Advocate, for the petitioner.
Mr. Deepak Sharma, Advocate, for respondents No.1,3 & 4.
Mr. Sanjeev Ghai, Advocate, for respondent No.2.
HEMANT GUPTA, J. (ORAL)
The land of the petitioners was acquired by the Chandigarh Administration in the year 1989 under the provisions of Land Acquisition Act, 1894. The petitioners have been submitting various representations for allotment of plots in the process of rehabilitation of the land-owners, whose land has been acquired in terms of the "Chandigarh Allotment of Dwelling Unit to the Oustees of Chandigarh Scheme, 1996." Some of such representations have been attached with the writ petition.
The petitioners have filed numerous writ petitions such as CWP No.4092 of 1995; CWP 16300 of 2006 and then invoked the jurisdiction of this Court by filing CWP No.5624 of 2010 to seek decision of one of the earlier representations. This Court on 30.3.2010 directed the respondents to decide the representation. The said representation has been decided by the Chandigarh Housing Board on 27.7.2010 rejecting claim of the petitioners inter-alia on the ground that the acquisition of the land of the petitioners Civil Writ Petition No.14543 of 2011 2 was not after 31.10.2007, therefore, the claim of the petitioners do not fall under the Rehabilitation and Resettlement Policy 2009. A detailed order rejecting the claim of the petitioners was passed on 1.3.2011 (Annexure P-
11) whereby the earlier order was revised to the extent that as the petitioners have not applied for the allotment of dwelling unit under any of the Schemes floated by Chandigarh Housing Board in an application in the proper format and with requisite earnest money.
Learned counsel for the petitioners vehemently contended that the petitioners have submitted various representations claiming allotment of dwelling units meant for economically weaker section and have also invoked writ jurisdiction of this Court. Still, the claim of the petitioners has never been considered for allotment of the plots.
On the other hand, Mr. Ghai, submits that the petitioners had to apply for allotment of plot of dwelling units in terms of the 1996 scheme, whereby the plots are reserved for oustees such as petitioners. Since the petitioners had not applied for allotment of any dwelling unit, the petitioners cannot make a grievance in the present writ petition. It is also pointed out that now 1996 scheme has been repealed with Rehabilitation and Resettlement Policy 2009, therefore, the petitioners are not entitled to allotment of any dwelling units in terms of the said scheme, as the land of the petitioner was acquired prior to 31.10.2007, the cut off date fixed in the new policy.
We have heard learned counsel for the parties and find that the petitioners have submitted various representations and also approached this Court time and again but they were never informed that they were to apply for a allotment of dwelling unit in a proper format along with earnest Civil Writ Petition No.14543 of 2011 3 money. In the absence of any communication to that effect, the petitioners under mistaken belief, can be said to be defaulted in not applying for any dwelling units in terms of 1996 scheme.
Clause 17 of new Policy contemplates that all pending cases under the repealed scheme shall be considered and disposed of as per the repealed scheme. We find that the claim of the petitioners for allotment of plots is pending since long. Therefore, the respondents are bound to consider the claim of the petitioners under the repealed scheme.
To give meaningful relief to the petitioners in view of their long pending demand and the interpretation keeping in view the purpose of scheme, the Housing Board is directed to reserve plots for the oustees, whose claim for allotment is pending, when it floats any new housing scheme by reserving certain percentage of dwelling units for the oustees under the new Policy.
Consequently, the present petition is disposed of with a direction to the respondent to reserve suitable percentage of dwelling units for the oustees such as the petitioners in the housing scheme as and when framed by the Board. The petitioners shall be informed to apply for a dwelling unit along with requisite earnest money. The petitioners shall be considered in terms of the conditions of the scheme so framed in accordance with law.
( HEMANT GUPTA ) JUDGE ( RAJIV NARAIN RAINA ) JUDGE 06.09.2012 rajeev/Vimal