Punjab-Haryana High Court
Vishav Pal Singh vs Haryana Urban Development Authority ... on 4 October, 2012
Bench: Jasbir Singh, Rameshwar Singh Malik
CWP No. 6450 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No. 6450 of 2012
Date of decision : 4.10.2012
Vishav Pal Singh .......Petitioner
Vs.
Haryana Urban Development Authority and others .......Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Rameshwar Singh Malik
Present:- Mr. Gurmail Singh Duhan, Advocate, for the petitioner
Mr. Siddarth Batra, Advocate, for the respondents
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Jasbir Singh, J. (Oral)
This writ petition has been filed seeking a direction to respondent No.2 to delete the word "co-sharer" from the allotment letter dated 12.5.2008 (P-11) in respect of Plot No. 187, Sector 20, Kaithal, which was issued on the basis of order dated 29.1.2007 under the oustees quota. Further the petitioner be allow to deposit the installments of the plot at the rate prevailing at the relevant time. It is also prayed that direction be issued to respondent No.2 to decide the appeal pending before him in terms of policy dated 18.3.1992 regarding the allotment of plots to the oustees.
When notice of motion was issued, following contention of counsel for the petitioner was noticed by this Court on 26.4.2012 :-
"Learned counsel for the petitioner contends that the CWP No. 6450 of 2012 -2- petitioner and his co-sharer Rajneesh are the owners of 31 kanal 8 marla of land each. Rajneesh has been allotted plot measuring 500 square yards but with the condition that the said plot is meant for the other co-sharer also.
It is contended that in terms of the judgment delivered by the Full Bench of this Court in case Jarnail Singh and others v. State of Punjab and others, AIR 2011 Punjab & Haryana 1 and also the decision of this Court in C.W.P. No. 10941 of 2010, Bhagwan Singh v. State of Haryana, decided on 26.4.2012, each co-sharer is entitled to plot as per his land holding. Therefore, the petitioner is entitled to independent plot of 500 square yards."
It is on record that the petitioner was allotted a plot measuring 500 square yards vide allotment letter dated 12.5.2008. In the said letter the plot was shown to have been allotted in favour of the petitioner and his co-sharer. It is contention of counsel for the petitioner that in terms of law laid down by this Court in Bhagwan Singh's case (supra), and as per policy of the State Government, he was entitled to get a separate plot as per his entitlement.
At the time of arguments, it transpires that while stating his grievance, the petitioner has already filed an appeal bearing No. AAB/2011 titled as Vishav Pal Singh v. Estate Officer, HUDA, which is pending undecided.
Taking note of the facts and circumstances of this case, we dispose of this writ petition with a direction to respondent No.2- Administrator, HUDA, Panchkula, to decide the appeal filed by the petitioner as stated above, in terms of ratio of the judgment of Bhagwan CWP No. 6450 of 2012 -3- Singh's case (supra) within two months from the date of receipt of a copy of this order.
If the petitioner found eligible, a plot be allotted to him forthwith and necessary correction be made as per prayer made. To the contrary, if the officer concerned wish to pass an order against the petitioner, an opportunity of personal hearing shall be granted to him.
Sd/-
(Jasbir Singh) Judge Sd/-
(Rameshwar Singh Malik) Judge 4.10.2012 Ashwani