Anil Sabharwal vs State Of Haryana And Ors. on 21 March, 1997
These appeals are directed against an order made on 21st March,
1997 in a batch of cases wherein the scope of Section 30 of the Haryana
Urban Development Authority Act, 1988 came up for consideration. The
High Court of Punjab & Haryana held that the Government can make
reservation of plots while making development of the urban estates but
that power is not limited. However, the argument that the absolute
power could vest in the Chief Minister in allotment of plots according to
his discretion and choice and such discretion is immune from judicial
scrutiny is rejected and the High Court stated that the distinguished and
needy people in all walks of life can be granted land only on the basis of
some guidelines and indicated that the Government of Haryana may
frame appropriate policy for allotment of plots to specified class of
persons and notify such policy and allotment under such policy should
be made by inviting applications through public notice from all those
who belong to a particular class. However, in respect of certain
allotments that had already been made the High Court indicated that
certain class of persons such as those who are bona fide purchasers who
had constructed houses and other buildings, original allottees who had
constructed buildings after permission from HUDA, members of the
armed forces, police personnel who fought against terrorism, civilians
who were affected by the terrorists activities and allottees of plots to
whom small extends have been granted and the High Court gave certain
directions in that regard. This decision is reported in Anil Sabharwal vs.
State of Haryana & Ors., 1987 (2) PLR 7.