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Punjab-Haryana High Court

Subhash Puri vs State Of Haryana And Others on 1 March, 2012

Author: Hemant Gupta

Bench: Hemant Gupta, A.N. Jindal

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                      Date of decision: March 01, 2012


C.W.P. No. 15386 of 2009
Subhash Puri
                                                  ... Petitioner
                  vs.
State of Haryana and others
                                                  ... Respondents

Present: Mr. Amit Jhanji, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. Ajay Nara, Advocate for respondents No.2 to 4.

C.W.P. No. 15661 of 2009 Anita Gupta ... Petitioner vs. State of Haryana and others ... Respondents Present: Mr. Arun Palli, Sr. Advocate with Mr. Tushar Sharma, Advocate for the petitioner. Ms. Shubhra Singh, DAG, Haryana. Mr. Siddharth Batra, Advocate for respondents No.2 and 3.

C.W.P. No. 18500 of 2010 Narender Singh ... Petitioner vs. State of Haryana alnd others ... Respondents Present: Mr. Rajbir Sehrawat, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. Arun Walia, Advocate for respondents No.2 to 5. Mr. Puneet Bali, Advocate for the applicant.

C.W.P. No. 6049 of 2011

Sanjeev Juneja ... Petitioner vs. State of Haryana and others ... Respondents C.W.P. No. 15386 of 2009 and others connected matters -2- Present: Mr. Ashwani Talwar, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. Ajay Nara, Advocate for respondents No.2 to 4.

CM No. 2357 of 2012 in/and C.W.P. No. 9247 of 2011 Mohinder Singh ... Petitioner vs. HUDA and others ... Respondents Present: Mr. N.D. Achint, Advocate for the petitioner.

Mr. Arun Walia, Advocate for the respondents.

C.W.P. No. 10306 of 2011

Rakesh Kumar ... Petitioner vs. State of Haryana and others ... Respondents Present: Mr. Hari Pal Verma, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. Ajay Nara, Advocate for respondents No.2 to 4.

C.W.P. No. 13877 of 2011

Smt. Neelam Rathee Dahiya ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents Present: Mr. A.S. Tewatia, Advocate for the petitioner.

Mr. Arun Walia, Advocate for the respondents.

C.W.P. No. 19411 of 2011

Anita Aggarwal ... Petitioner vs. Haryana Urban Development Authority and another ... Respondents Present: Mr. Pankaj Gupta, Advocate for the petitioner.

Mr. Siddharath Batra, Advocate for the respondents. C.W.P. No. 15386 of 2009 and others connected matters -3- C.W.P. No. 20140 of 2011 Manjit Singh Ahluwalia ... Petitioner vs. State of Haryana and others ... Respondents Present: Dr. Pankaj Nanhera, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. D.V. Sharma, Sr. Advocate with Ms. Shivani Sharma, Advocate for the respondents.

C.W.P. No. 20994 of 2011

J.P. Gupta ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents Present: Mr. Baldev Singh, Advocate for the petitioner.

Mr. D.V. Sharma, Sr. Advocate with Ms. Shivani Sharma, Advocate for respondents No.1 & 2. Ms. Shubhra Singh, DAG, Haryana for respondent No.1.

C.W.P. No. 21951 of 2011

Smt. Sarla Aggarwal ... Petitioner vs. State of Haryana and others ... Respondents Present: Dr. Surya Parkash, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana for respondent No.1. Mr. D.V. Sharma, Sr. Advocate with Ms. Shivani Sharma, Advocate for respondents No.2 to 4.

C.W.P. No. 21978 of 2011

Bhupendra Chaturvedi ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 15386 of 2009 and others connected matters -4- C.W.P. No. 21989 of 2011 Suresh ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 21998 of 2011 Ram Phal Sharma ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No.22024 of 2011 Yogesh Kumar Maheshwari ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 22826 of 2011 Lt. Col. Surendar Mohan ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 22829 of 2011 B.M. Kukreti ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 22857 of 2011 Mukesh Kumar Gupta ... Petitioner vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 15386 of 2009 and others connected matters -5- Present: Mr. Vikas Chatrath, Advocate for the petitioner(s) in CWP Nos. 21978, 21989, 21998, 22024, 22826, 22829 and 22857 of 2011.

Mr. Siddharath Batra, Advocate for respondents.

C.W.P. No. 22317 of 2011

Chander Shekhar Sharma ... Petitioner vs. State of Haryana and others ... Respondents C.W.P. No. 22457 of 2011 Suprabha Dahiya ... Petitioner vs. State of Harayana and others ... Respondents.

Present: Dr. Surya Parkash, Advocate for the petitioner(s) in CWP Nos. 22317 and 22457 of 2011. Ms. Shubhra Singh, DAG, Haryana. Mr. Ajay Kumar Kansal, Advocate for respondents No.2 to 4.

C.W.P. No. 1081 of 2012

Reeti Jain ... Petitioner vs. State of Haryana and others ... Respondents Present: Mr. A.R. Takkar, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. P.S. Sullar, Advocate for the HUDA.

C.W.P. No. 1860 of 2012

Surinder Kumar Monga ... Petitioner vs. State of Haryana and others ... Respondents Present: Mr. Ashwani Talwar, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. Arun Walia, Advocate for the HUDA. C.W.P. No. 15386 of 2009 and others connected matters -6- C.W.P. No. 2216 of 2012 Smt. Veena Jain ... Petitioner vs. State of Haryana and others ... Respondents Present: Dr. Surya Parkash, Advocate for the petitioner.

Ms. Shubhra Singh, DAG, Haryana. Mr. Ajay Nara, Advocate for respondents No.2 to 4.

C.W.P. No. 3172 of 2012

Krishan Kumar Dwivedi and another ... Petitioners vs. Haryana Urban Development Authority and others ... Respondents C.W.P. No. 3174 of 2012 Simmi Talwar and another ... Petitioners vs. Haryana Urban Development Authority and others ... Respondents Present: Mr. Vikas Chatrath, Advocate for the petitioners in CWP No.3172 and 3174 of 2012. Mr. Arun Walia, Advocate for the respondents.

Coram: Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice A.N. Jindal Hemant Gupta, J This order shall dispose of Civil Writ Petition Nos. 15386 and 15661 of 2009, 18500 of 2010, 6049, 9247, 10306, 13877, 19411, 20140, 20994, 21951, 21978, 21989, 21998, 22024, 22317, 22457, 22826, 22829 and 22857 of 2011, 1081, 1860, 2216, 3172 and 3174 of 2012 having common question of law and facts. C.W.P. No. 15386 of 2009 and others connected matters -7- All the petitioners have been allotted residential plots of different sizes in Sector 57, Gurgaon. The possession of the plots allotted to the petitioners could not be delivered for one or the other reason. Therefore, the petitioners have invoked the writ jurisdiction of this Court for directing the respondents to deliver physical possession of the plots so allotted.

Mr. D.V. Sharma, Sr. Advocate for the respondents points out that there are large number of allottees in Sector 57, Gurgaon, who have not been delivered possession. Therefore, in an exhaustive exercise, it has been decided that all allottees who have not been delivered possession shall be considered for allotment of alternative plot firstly in the same sector and if not possible to be adjusted in the same sector, then in Sector 51, Gurgaon, in terms of the policy dated 10.12.2007. Mr. Sharma further states that the process of demarcation in the alternative area shall take about three months and the process of allotment of plot shall be completed after another two months.

In view of the said statement, we dispose of all these writ petitions with the direction to the respondents to complete the process of allotment of alternative plot within five months from today in terms of the policy dated 10.12.2007.

All the interim orders passed earlier in the aforesaid writ petitions stand vacated.

With the aforesaid direction, all the writ petitions stand disposed of.


                                                          (Hemant Gupta)
                                                              Judge


March 01, 2012                                              (A.N. Jindal)
deepak                                                          Judge