Punjab-Haryana High Court
Smt. Santosh vs State Of Haryana Others on 20 December, 2012
Bench: Jasbir Singh, Rameshwar Singh Malik
CWP No. 25589 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
CWP No. 25589 of 2012
Date of decision : 20.12.2012
Smt. Santosh ..........Petitioner
Vs.
State of Haryana others .......Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Rameshwar Singh Malik
Present:- Mr. Parveen Kumar Rohilla, Advocate, for the petitioner
---
Jasbir Singh, J. (Oral)
The petitioner is claiming allotment of a residential/ commercial plot as per the oustees policy, to allot plots to those land owners whose land was acquired by the Government of Haryana vide notification dated 17.5.1990.
It is on record that the petitioner's land was acquired by respondent No. 1 vide award dated 12.5.1993 for development of Sector 12, Sonepat.
Above fact is not in dispute. In case titled as Jarnail Singh v. State of Punjab AIR 2011 Punjab & Haryana 1 in which land was acquired by the State of Punjab and a similar policy envisaging allotment of a plot to all the legal heirs of the deceased/co-sharers came up for consideration before Full Bench of this Court.
The principle of law laid down in above case was also applied CWP No. 25589 of 2012 -2- regarding allotment of plots to the oustees in the State of Haryana by passing an order in CWP No. 10941 of 2010 titled as Bhagwan Singh and others v. State of Haryana and others decided on 26.4.2012. The order reads thus :-
"This order shall dispose of CWP No.10941 of 2010 and other connected petitions, list of which is appended as Annexure-A. The petitioners, as a co-sharer, are claiming right of allotment of separate plot though as per the policies framed by the respondents, one plot is to be allotted to all the co-sharers jointly.
It is contended that in terms of judgment passed by Full Bench of this Court in Jarnail Singh & others Vs. State of Punjab & others AIR 2011 P&H 1, the policy adopted by Haryana Urban Development Authority (for short 'the HUDA') contemplating that the co-sharers shall be given one plot jointly is not sustainable and that CWP No.10941 of 2010 & other connected matters 2 each of the co-sharer is entitled for consideration for allotment of plot keeping in view his land holding.
In view of the judgment of Full Bench in Jarnail Singh's case (supra) dealing with the rights of the co-sharers, each of the co-sharer is entitled to a plot of a size keeping in view his land holding. The rights of the oustees for allotment of a plot has been discussed by this Court in LPA No.2096 of 2011 titled "Haryana Urban Development Authority & others Vs. Sandeep & others" decided on 25.04.2012.
Consequently, the present petition as well as other connected petitions stand disposed of with a direction to the respondents to consider the claim of each of the co-sharer for allotment of a plot keeping in view his holding and in accordance with the principles of law laid down in Sandeep's CWP No. 25589 of 2012 -3- case (supra)."
Taking note of the facts and circumstances of the case, we dispose of this writ petition by issuing directions to respondent No.3 to treat it as a representation for allotment of a plot and decide claim of the petitioner within two months from the date of receipt of a certified copy of this order. If the petitioner is found eligible, the plot be allotted to him forthwith. When passing an order, ratio of a judgment rendered by a Full Bench of this Court in Jarnail Singh's case (supra) and also Bhagwan Singh's case (supra) be kept in mind.
(Jasbir Singh) Judge (Rameshwar Singh Malik) Judge 20.12.2012 Ashwani