Punjab-Haryana High Court
Haryana Urban Development Authority ... vs Air Commodore B.S.Gathwala (Retired) ... on 20 September, 2011
In the High Court of Punjab and Haryana at Chandigarh
L.P.A. No. 1756 of 2011(O&M)
Date of Decision: September 20, 2011
Haryana Urban Development Authority and others
---Appellants
versus
Air Commodore B.S.Gathwala (Retired) and another
---Respondents
Coram: HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE GURDEV SINGH
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Present: Mr. Raman Gaur, Advocate,
for the appellants
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1. To be referred to the Reporter or not?
2. Whether the judgment should be reported in the Digest?
M.M.Kumar, J.
1. The instant appeal under Clause X of the Letters Patent is directed against judgment dated 17.3.2011 rendered by learned Single Judge holding that the writ petitioner-respondent who had participated in three operations which the country had to undertake in 1962, 1965 and 1971, is entitled to allotment of substituted Plot No. 600, Sector-27, Gurgaon as the original allotment had remained in dispute and possession thereof was never delivered to him. The matter travelled to the Consumer Forum, and an appropriate direction was issued. However, the learned Single Judge after examining the detailed facts and taking into account various disputes with regard to the other plots has rightly reached the conclusion that Plot No. 600, Sector-27, Gurgaon should be allotted to the writ -petitioner-respondent.
2. We have heard learned counsel at some length and find that the L.P.A. No. 1756 of 2011(O&M) -2- instant appeal is ill advised and could have easily been avoided by the Haryana Urban Development Authority. All the same, there is no scope of interference in the findings recorded by the learned Single Judge which are well based and well reasoned. Accordingly, the appeal fails and the same is dismissed.
(M.M.KUMAR) ACTING CHIEF JUSTICE (GURDEV SINGH) JUDGE September 20, 2011 PARAMJIT