Punjab-Haryana High Court
Royal Bank Employees Cooperative Group ... vs State Of Haryana Through The Secretary, ... on 12 November, 1991
Equivalent citations: (1992)101PLR223
JUDGMENT M.R. Agnhotri, J.
1. This order of mine shall dispose of Civil Writ Petition Nos. 5768, 5637, 5374, 6253, 6629, 5569 and 5570 of 1991 as common question of facts and law is involved in all these petitions.
2. The petitioners are the Cooperative Societies registered with the Registrar, Cooperative Societies, Haryana and consist of the members of various statutory and non-statutory corporations and Boards. According to the aims and objects of the Societies, they have been registered for the purpose of allotment of residential plots/flats. All the Societies applied to the respondent-Haryana Urban Development Authority (H. U. D. A.) in response to the advertisement published in The Hindustan Times dated 3-9-1990. The last date for inviting applications according to the advertisement was 31-10-1990 meaning there by that after the expiry of this closing date, no Society was eligible to apply in response to the advertisement. However, the respondent-Haryana Urban Development Authority issued another advertisement on 16-12-1990 extending the last date for receipt of of applications upto 15-2-1991. This made a number of other Societies also eligible for applying in response to the original advertisement, the closing date whereof had already expired on 31-10-1990. Aggrieved against this action of the respondent-Haryana Urban Development Authority, the petitioner-Societies have invoked the writ jurisdiction of this Court.
3. In reply to the writ petition, the respondent-Authority (H.U.D.A.) has almost admitted the factual position and it has further been admitted that the last date was extended for the benefit of all other Societies who could not apply earlier.
4. After hearing the learned counsel for the parties and having gone through the record, I find merit in these petitions as no cogent reason for extending the last date has been disclosed either in the written statement or at the time of arguments. By extending this date, the rights of the Societies which have already applied in response to the advertisement and their chances of having the allotment made in their favour have been jeopardised which is neither fair nor just.
5. Consequently, I allow these petitions and direct the respondents to go ahead with the allotment in favour of the eligible Societies only, application on whose behalf had been received by the. respondent-Haryana Urban Development Authority by 31-10-1990, the last date for the receipt of applications. Resultantly, the applications received after the closing date, i.e. 31-10-1990 shall not be considered in the present Group Housing Scheme, 1990. There shall be no order as to costs.