Punjab-Haryana High Court
Rajesh And Others vs State Of Haryana And Others on 15 October, 2012
Bench: Jasbir Singh, Rameshwar Singh Malik
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 15040 of 2010
Date of Decision: 15.10.2012
Rajesh and Others
... Petitioners
Versus
State of Haryana and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh.
Hon'ble Mr. Justice Rameshwar Singh Malik. Present: Mr. Sachin Kadiyan, Advocate for the petitioners.
Jasbir Singh, Judge (Oral) Notice of motion.
On asking of the Court, Mr.Gitish Bhardwaj, Advocate accepts notice on behalf of respondent Nos. 3 to 5.
By filing this writ petition the petitioners seek issuance of a writ of mandamus directing the respondents to allot a plot to them, as their land was acquired for setting up of Rajiv Gandhi Education City at Sonepat.
Counsel for the petitioners states that despite agitating the matter before the competent authorities, the plot, as per Policy of the State Government dated 7.12.2007 has not been allotted to the petitioners.
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 Civil Writ Petition No. 15040 of 2010 2 Haryana for development purposes in the case of Haryana Urban Development Authority and others v. Sandeep and others (Letters Patent Appeal No.2096 of 2011, decided 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 Civil Writ Petition No. 15040 of 2010 3 through one advertisement. If 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 Civil Writ Petition No. 15040 of 2010 4 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."
Counsel for the respondents has failed to show anything stating that case of the petitioners 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 petitioners, if eligible within two months from the date of receipt of a copy of this order.
$ (Jasbir Singh) Judge $ (Rameshwar Singh Malik) Judge October 15, 2012 "DK"