Punjab-Haryana High Court
Satish Kumar vs Haryana Urban Development Authority ... on 4 October, 2012
Bench: Jasbir Singh, Rameshwar Singh Malik
CWP No.96 of 2007 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No.96 of 2007
Date of decision: 04.10.2012
Satish Kumar
.....Petitioner
versus
Haryana Urban Development Authority and others
......Respondents
CORAM: Hon'ble Mr.Justice Jasbir Singh
Hon'ble Mr.Justice Rameshwar Singh Malik
Present: None for the petitioner.
Jasbir Singh, J. (Oral)
Notice of motion.
Mr. Gitish Bhardwaj, Advocate, accepts notice on behalf of respondents.
By filing this writ petition, the petitioner seeks issuance of a writ of mandamus directing the respondents to allot a plot to him, as his land was acquired for a public purpose i.e. for developing Sector-15 (Part-II), Urban Estate, Sonepat.
It is grievance of the petitioner that despite agitating the matter before the competent authorities, the plot, as per Policies of the State Government dated 18.3.1992 (P1) and 27.3.2000 (P3) has not been allotted to him.
A Division Bench of this Court has dealt with the issue of allotment of plots to those, whose land was acquired by the State of CWP No.96 of 2007 2 Haryana for development purposes in the case of Haryana Urban Development Authority and others v. Sandeep and others, LPA No.2096 of 2011, dated on 25.4.2012. After noting the Policy statements of the State Government issued from time to time, this Court issued the following directions:-
"(i) That date of notification under Section 4 of the Land Acquisition Act, 1894 is relevant to determine the eligibility of a land-owner for allotment of a residential plot, even if the acquisition is for the purposes of commercial, industrial or institutional;
(ii) That the entitlement of the size of the plot and the procedure for allotment shall be as on the date of allotment in pursuance of an advertisement issued inviting application from the oustees;
(iii) That the HUDA or such other authority can reserve plots up to 50% of the total plots available for all reserved categories including that of oustees. As to what extent there would be reservation for the oustees, is required to be decided by the State Government and/or by HUDA or any other authority, who is entitled to acquire land;
(iv) That the oustees are entitled to apply for allotment of plot along-with earnest money in pursuance of public advertisement issued may be inviting applications from the general public and the oustees through one advertisement. If CWP No.96 of 2007 3 an oustee is not successful, he/she can apply again and again till such time, the plots are available for the oustees in the sector for which land was acquired for residential/commercial purposes or in the adjoining sector, if the land acquired was for institutional and industrial purposes etc. The plots to the oustees shall be allotted only by public advertisement and not on the basis of any application submitted by an oustee;
(v) That the price to be charged from an allottee shall be the price mentioned in the public advertisement in pursuance of which, the plot is allotted and not when the sector is floated for sale for the first time;
(vi) That the State Government or the acquiring authority shall not advertise any residential plot for sale without conducting an exercise in respect of plots ear-marked for reserved categories and after identification of the plots available for the oustees in each sector. Thereafter, the State Government or the acquiring authority shall publish an advertisement inviting applications from such oustees to apply for allotment of plots in accordance with law: and
(vii) If in any sector, more than 50% plots have been allotted by way of reservation including to the oustees, then such allotment shall not be cancelled or reviewed in view of the judgment of this court."CWP No.96 of 2007 4
Counsel for the HUDA has failed to show anything stating that case of the petitioner is not covered by the ratio of aforesaid judgment.
Under the circumstances, we dispose of this writ petition in terms of Sandeep's case (supra). The authorities are directed to take action as per law laid down by this Court for allotment of plot to the petitioner, if eligible, within two months from the date of receipt of a copy of this order.
Registry is directed to despatch a copy of this order to the petitioner.
(Jasbir Singh)
Judge
04.10.2012 (Rameshwar Singh Malik)
mks Judge