Shiv Kumar vs State Of Haryana And Others on 13 January, 2011

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Punjab-Haryana High Court

Shiv Kumar vs State Of Haryana And Others on 13 January, 2011

Bench: Ranjit Singh

Civil Writ Petition No. 1 of 2010
                                                          -1-

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                         Civil Writ Petition No. 1 of 2010
                         DATE OF DECISION: January 13, 2011

Shiv Kumar
                                                    .....Petitioner

                         VERSUS


State of Haryana and others

                                                    ....Respondents



CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH


Present:   Mr. K.S. Yadav, Advocate,
           for the petitioner.

           Mr. Ashwani Markenday, DAG, Haryana,
           for the State.

           Mr. Narender Sura, Advocate,
           for respondent No.3.

                 *****


RANJIT SINGH, J.

The petitioner has approached this Court with grievance that the residential plots of 100 sq. yards have not been allotted under the terms of policy of the State Government to the persons, who belong to Backward Class or are below poverty line. Grievance further is that Gram Panchayat had selected the land for allotment of 100 sq. yards plots and the Committee was constituted for the same purpose and respondent No.3 has recommended the names of the Civil Writ Petition No. 1 of 2010 -2- persons of its own choice ignoring the claim of the petitioner. This as per the petitioner, would lead to allotment on pick and choose basis. The allotment is, thus, termed to be unfair.

Prima facie, this will be a dispute on facts to an extent. At the same time, once the Government has formulated a policy for allotment of plots of 100 sq.yards, this must strictly be allotted in terms of the policy and is to be done in a fair manner. In case, any allotment is done on the basis of pick and choose by the Committee or by the Village Panchayat, the same will be illegal and thus, unsustainable.

Similar writ petition No.690 of 2010 concerning to District Sonepat and relating to some other village was disposed of by this Court with direction to the Deputy Commissioner, Sonepat, to examine if such plots were allotted fairly or were allotted on the basis of pick and choose policy. This writ petition is also disposed of with direction to the Deputy Commissioner, Sonepat to inquire the issue and examine if the plots have been allotted in terms of the policy to the eligible persons. If the Deputy Commissioner finds that the plots have not been allotted as per the policy and are allotted to ineligible persons, he would be at liberty to act in accordance with law. The Deputy Commissioner would give adequate opportunity of hearing to the affected persons.

January 13, 2011                          ( RANJIT SINGH )
monika I                                       JUDGE

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