Punjab-Haryana High Court
Sunil Rathi & Anr vs State Of Haryana And Ors on 12 February, 2018
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal, Anupinder Singh Grewal
CWP-25154-2016 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP-25154-2016
Date of Decision: 12.2.2018
Sunil Rathi and another
....Petitioners.
Versus
State of Haryana and others
...Respondents.
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
PRESENT: Mr. Sushil K. Sharma, Advocate for
Mr. M.L. Sharma, Advocate for the petitioners.
Mr. Sandeep Moudgil, Additional Advocate General, Haryana.
Mr. Baldev Raj Mahajan, Senior Advocate with
Mr. Deepak Sabharwal, 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 mandamus declaring the Policy dated 11.8.2016 (Annexure P-
15) as illegal and arbitrary. Further, a writ of certiorari has been sought for quashing the letter dated 15.9.2016 (Annexure P-11) whereby the petitioners have been directed to apply for the allotment of a plot against fresh advertisement to be issued later and ordered for return of the application and earnest money along with interest already deposited by the petitioners; to quash the advertisement dated 16.9.2016 (Annexure P-14) 1 of 4 ::: Downloaded on - 25-02-2018 07:45:32 ::: CWP-25154-2016 -2- inviting fresh applications for the allotment of plots; to quash the policy dated 11.8.2016 (Annexure P-15) and to consider the application, Annexure P-6, moved by the petitioners in pursuance to the earlier advertisement dated 4.12.2011 (Annexure P-5).
2. The petitioners were owner of the land measuring 14 bigha 0 biswa to the extent of their share situated within the revenue estate of village Bahadurgarh as per jamabandi for the year 1999-2000 (Annexure P-
1). The respondents vide notification dated 17.4.2002 (Annexure P-2) issued under Section 4 of the Land Acquisition Act, 1894 (in short "the Act") followed by a notification dated 10.4.2003 (Annexure P-3) issued under Section 6 of the Act acquired the said land. The petitioners filed objections under Section 5-A of the Act. After issuance of notice under Section 9 of the Act, the award was passed on 23.6.2004 (Annexure P-4). The respondents vide advertisement dated 4.12.2011 (Annexure P-5) advertised plots for the allotment of plots under the oustees and general categories for Sectors 10 to 12. In response thereto, the father of the petitioners applied for a plot measuring 1 kanal vide application, Annexure P-6, along with demand draft, Annexure P-7. The plots of one kanal and 10 marlas were allotted in the general category and also in the oustees category vide allotment letters including the allotment letter dated 24.10.2011 (Annexure P-10). Vide letter dated 15.9.2016 (Annexure P-11), the petitioners was advised to apply for the allotment of plot against fresh advertisement to be issued later and to submit the complete bank account details or crossed cheque/cancelled so that the application/earnest money deposited be refunded along with interest. The petitioners moved a representation dated 20.9.2016 (Annexure P-12) followed by a reminder 2 of 4 ::: Downloaded on - 25-02-2018 07:45:33 ::: CWP-25154-2016 -3- dated 1.11.2016 (Annexure P-13) to respondent No.5 for the allotment of a plot under the oustees quota, but no response has been received. However, respondent No.3 vide advertisement dated 16.9.2016 (Annexure P-14) invited applications for the allotment of plots. The respondents framed a policy dated 11.8.2016 (Annexure P-15) for settlement of oustees claims- terms and conditions thereof. Hence, the present writ petition.
3. Learned counsel for the petitioners submitted that for the relief claimed in the writ petition, the petitioners have moved a representation dated 20.9.2016 (Annexure P-12) followed by a reminder dated 1.11.2016 (Annexure P-13) to respondent No.5, but no action has so far been taken thereon. He, however, 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 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 3 of 4 ::: Downloaded on - 25-02-2018 07:45:33 ::: CWP-25154-2016 -4- representation. The petitioners shall be entitled to lead any evidence to substantiate their claim before the concerned authority.
(AJAY KUMAR MITTAL)
JUDGE
February 12, 2018 (ANUPINDER SINGH GREWAL)
gbs JUDGE
Whether Speaking/Reasoned Yes
Whether Reportable Yes
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