Punjab-Haryana High Court
Jitender Singh And Ors vs State Of Haryana And Ors on 23 April, 2018
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal, Anupinder Singh Grewal
CWP-10147-2017 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP-10147-2017
Date of Decision: 23.4.2018
Jitender Singh and others
....Petitioners.
Versus
State of Haryana and others
...Respondents.
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
PRESENT: Ms. Samridhi Sareen, Advocate for
Mr. Narender Singh, Advocate for the petitioners.
Mr. Sandeep Moudgil, Additional Advocate General, Haryana.
Mr. Deepak Balyan, Advocate for the respondent-HUDA.
AJAY KUMAR MITTAL, J.
1. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of certiorari for quashing the instructions dated 11.8.2016 (Annexure P-7) as well as the proceedings dated 4.10.2016 (Annexure P-5) imposing certain new conditions for the allotment of plots to the oustees and to quash the decision as contained in the advertisements (Annexure P-8 Colly). Further, a writ of mandamus has been sought directing the respondents to allot plots to the petitioners as per their entitlement and the policies dated 18.3.1992 and 12.3.1993 (Annexure P-1 Colly).
2. The petitioners were owners of the land situated within the revenue estate of Bahadurgarh, District Jhajjar. The said land was acquired 1 of 4 ::: Downloaded on - 06-05-2018 07:52:49 ::: CWP-10147-2017 -2- by the respondents for the development of residential Sector 2, Bahadurgarh. The mother of the petitioners, namely, Smt. Basanti Devi was also a co-owner of the property and her land was also acquired. She died on 15.8.2009 leaving behind the petitioners as her legal heirs on the basis of registered Will dated 21.8.2000. The respondents framed a policies dated 18.3.1992 and 12.3.1993 (Annexure P-1 Colly) for the allotment of plots to the landowners whose land was acquired by the HUDA. In the year 2006, the HUDA invited the applications for the allotment of plots in Sectors 2 and 9A, Bahadurgarh from the general public and the oustees at the rates mentioned in the broacher dated 5.1.2006 (Annexure P-2). Smt. Basanti Devi (mother of the petitioners) along with a number of oustees applied for the allotment of plots as per their entitlement under the reserved category of oustees and deposited 10% as earnest money. However, the HUDA did not consider the claim of Smt. Basanti Devi under the oustees quota and put her application in the draw and was declared unsuccessful in the draw of lots. She approached this Court and vide orders dated 29.11.2006 all such matters were relegated to the HUDA for taking appropriate decision after affording reasonable opportunity of hearing to the aggrieved parties. Similarly situated persons filed CWP-10941-2010 and this Court vide order dated 26.4.2012 (Annexure P-3) issued various directions to the HUDA for settlement of the claims of oustees. The SLP against the said order was also dismissed by the Supreme Court vide order dated 24.11.2015. However, the respondents vide instructions dated 4.12.2015 (Annexure P-4) and subsequent proceedings dated 4.10.2016 (Annexure P-5) made reservation of 12% and 10% for the oustees for the plots above 8-marla category and upto 8-marla category. As per the information dated 30.7.2012 (Annexure 2 of 4 ::: Downloaded on - 06-05-2018 07:52:50 ::: CWP-10147-2017 -3- P-6) supplied under the Right to Information Act, 2005, there are vacant plots in Sectors 2, 9, 9A, 11 and 13, Bahadurgarh. In compliance with the order dated 26.4.2012 (Annexure P-3), the respondents had framed a policy dated 11.8.2016 (Annexure P-7) incorporating some new conditions detrimental to the interests of the oustees. The respondents vide advertisements (Annexure P-8 Colly) have invited the applications from the general public and the oustees for the allotment of plots in Sectors 9 and 9A, Bahadurgarh. Respondent No.3 vide letter dated 12.8.2009 (Annexure P-9) to the Administrator, HUDA, Rohtak that if the vacant plots were not available in Sector 2, Bahadurgarh, the oustees of the said sector should have been offered the plots in Sectors 9 and 9A, Bahadurgarh itself. As per the collector rates list, Annexure P-10, the collector rate of plots in Sectors 9 and 9A, Bahadurgarh from the years 2006-07 to 2014-15 remained between ` 5,000/- to ` 19,000/-. As per the broacher dated 21.9.2016 (Annexure P-11), the HUDA had offered the plots at the rate of ` 14,000/- to ` 19,000/- per square meter in the adjoining Sector 10, Bahadurgarh. But the HUDA is charging at the rate of ` 33,500/- per square meter from the oustees of Sectors 9 and 9A, Bahadurgarh. Hence, the present writ petition.
3. Learned counsel for the petitioners prayed that liberty be granted to the petitioners to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition and direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.
4. After hearing learned counsel for the parties, perusing the present petition and without expressing any opinion on the merits of the 3 of 4 ::: Downloaded on - 06-05-2018 07:52:50 ::: CWP-10147-2017 -4- case, we dispose of the present petition by granting liberty to the petitioners to file a detailed and comprehensive representation raising all the pleas as raised in the present writ petition before the appropriate authority. It is directed that in the event of a representation being filed by the petitioners within a period of one month from the date of receipt of the certified copy of the order, the same shall be decided in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of six months from the date of receipt of the representation. The petitioners shall be entitled to lead any evidence to substantiate their claim before the concerned authority.
(AJAY KUMAR MITTAL)
JUDGE
April 23, 2018 (ANUPINDER SINGH GREWAL)
gbs JUDGE
Whether Speaking/Reasoned Yes/No
Whether Reportable Yes/No
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