Punjab-Haryana High Court
Smt. Devki vs State Of Haryana And Others ... on 9 September, 2010
Author: Permod Kohli
Bench: Permod Kohli
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 16086 of 2010
Date of Decision: 9.9.2010.
Smt. Devki --Petitioner
Versus
State of Haryana and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. Ajit Malik, Advocate for the petitioner.
***
PERMOD KOHLI.J (ORAL) Notice of motion.
Mr. R.D. Sharma, D.A.G., Haryana and Mr. Ajay Nara, Advocate present in the Court have been asked to accept notice on behalf of respondents no.1 and 2 to 4 respectively.
Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself.
Land of the petitioner situated within the revenue estate of Village Jharsa, District Gurgaon was acquired by the Govt. of Haryana for development of Sectors 15, 15 Part-II, 31 32 and Sectors 38 to 41 of H.U.D.A. The H.U.D.A formulated a policy for allotment of residential plots to the land owners whose land is compulsorily acquired for development of urban areas. A number of policies were issued from time to time. Petitioner claims benefit under the aforesaid Govt. policies (Annexures P-2 to P-8). It is stated that the petitioner has not been granted the benefit of the aforesaid Govt. Policies for allotment of the plot. The petitioner has placed reliance upon a Full Bench judgement of this Court CWP. No. 16086 of 2010 -2- dated 1.11.2002 passed in CWP No. 5917 of 1999. Petitioner has made a representation (Annexure P-10) and also served a legal notice (Annexure P-
13) but no decision has been taken thereon till date.
Learned counsel for the petitioner submits that the petitioner would be satisfied, if, respondents are directed to take decision on the legal notice served by the petitioner, referred to above.
In view of the above, this petition is disposed of with a direction to respondent no.2 to take decision on the legal notice served by the petitioner, within a period of three months from the date certified copy of this order is served upon the said respondent. Needless to say that in the event the claim of the petitioner is to be rejected, the same shall be by a reasoned and speaking order.
(PERMOD KOHLI) JUDGE 9.9.2010.
lucky