Punjab-Haryana High Court
S.K.Bansal vs Haryana Urban Development Authority ... on 23 August, 2011
Author: Rajive Bhalla
Bench: Rajive Bhalla
Civil Writ Petition No.3253 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.3253 of 2010
Date of Order: 23.08.2011
S.K.Bansal
...Petitioner
Versus
Haryana Urban Development Authority and another
..Respondents
CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA
Present:Mr. Amit Rawal, Advocate
for the petitioner.
Mr. J.P.Bhatt, Advocate
for the respondents.
RAJIVE BHALLA, J (Oral)
The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to ensure that the unauthorised usage of Plot No.326, Sector 28, Gurgaon as a cremation ground is stopped or allot an alternative plot of the same size on the same terms and conditions in the same or in an adjoining sector.
Counsel for the petitioner submits that he purchased the plot in an open auction but it is being used by the residents of village Chakarpur as a cremation ground. It is prayed that as the respondents are at fault in allotting part of a cremation Civil Writ Petition No.3253 of 2010 -2- ground, they should be directed to allot an alternative plot to the petitioner, on the same terms and conditions.
Counsel for the respondents admits on the basis of averments in the reply, that the plot is being used as a cremation ground but states, that a proposal for allotment of an alternative plot is under active consideration.
I have heard counsel for the parties, perused the paper book and am satisfied that the petitioner is entitled to allotment of an alternative plot. The Chief Administrator, HUDA, Panchkula, has already addressed a letter dated 12.07.2009 to the Estate Officer-II, HUDA, Gurgaon, bringing the fact of user of the plot as a cremation ground to the notice of the Estate Officer-II, HUDA, Gurgaon. Despite this fact and for reasons that are neither discernible nor pleaded, the respondents have not allotted an alternative plot to the petitioner.
In view of what has been noticed hereinabove, the writ petition is disposed of with a direction to the Estate Officer-II, HUDA, Gurgaon, or any other officer, who may be competent, to consider, decide and allot an alternative plot to the petitioner, within two months from receipt of a certified copy of this order. No order as to costs.
August 23, 2011 (RAJIVE BHALLA) nt JUDGE