Punjab-Haryana High Court
Panna Lal & Ors vs Hisar Improvement Trust & Ors on 16 February, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
C.W.P. No. 16257 of 2008.
Date of Decision: 16th February, 2009.
Panna Lal & Ors. ....Petitioners
through
Mr. Puneet Bali, Advocate
Versus
Hisar Improvement Trust & Ors. .Respondents
through Mr. R.D.Sharma, Sr. DAG, Haryana.
Mr. Sudhir Aggarwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
SURYA KANT, J. [ORAL) The petitioner seeks a direction for immediate holding of Draw of Lots for allotment of free-hold commercial plots of various sizes in Vyapar and Vyavsay Kunj Priyojna, Hisar floated by the Government of Haryana to be implemented by the Improvement Trust, Hisar.
According to the petitioners, the afore-said Scheme was floated in the year 2004 and they are amongst those applicants who have deposited 10% of the tentative price of the plots.
As there was no tangible reason for not holding the draw of lots, notice of motion was issued and in response thereto, counter- affidavit has been filed on behalf of the Improvement Trust, Hisar.
During the course of hearing, it is pointed out by learned counsel for the respondent - Improvement Trust that firstly the draw of lots could not be held as the Deputy Commissioner was statedly busy in the election programme. Thereafter, some dispute is stated to have arisen about the location of the plots as the Archeology Department claimed the site to be a protected monument. The matter did not end here. Meanwhile, certain complaints were received against the acceptance of in-eligible applicants. After one inquiry, it is stated that some of the applicants were found to be ineligible whereas another inquiry by the Vigilance Bureau has also been recommended. It is informed that though the Deputy Commissioner, Hisar has not accepted those recommendations, but he has constituted another Inquiry Committee. Since the said Committee has not submitted its report that the matter is hanging fire.
Having heard learned counsel for the parties at some length, I am satisfied that there is undesirable and avoidable delay in finalizing the matter. Consequently, this writ petition is disposed of with a direction to the Deputy Commissioner, Hisar that the on-going inquiry be got concluded from the afore-stated Committee within two months and thereafter a final decision with regard to the draw of lots of the plots falling in Phase-III of the Scheme be taken as early as possible but not later than two months from the date of receipt of a report of the inquiry.
Disposed of.
February 16, 2009. ( SURYA KANT ) dinesh JUDGE