M/S Belz Instruments Private Limited & ORS v. State Of Haryana & ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 29.5.2015 M/s Belz Instruments Private Ltd., Faridabad and others ....Petitioners.

Versus

State of Haryana and another

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.

HON'BLE MRS. JUSTICE REKHA MITTAL.

PRESENT: Mr. Manvender Dalal, Advocate for the petitioners. AJAY KUMAR MITTAL, J.

1.

In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of Mandamus directing respondent No.2 to hold the interest of the petitioners as well as other selected candidates before the appropriate committee within a specific time frame and to declare the result/allot the plots measuring 450 square meters situated in Industrial Model Township, Faridabad duly advertised vide advertisement dated 3.2.2012.

2.

The allotment of industrial plots in the State of Haryana is governed by the Industrial and Investment Policy, 2011 issued by the Industrial and Commerce Department vide notification dated 31.12.2010 (Annexure P-1). Respondent No.2 vide advertisement dated 3.2.2012 (Annexure P-3) advertised for allotment of industrial plots of various categories in Industrial Model Township, Faridabad. In pursuance

-2thereto, various persons including the petitioners applied for the allotment of industrial plot measuring 450 square meters along with earnest money, i.e. 10% amount of the plot. Respondent No.2 vide intimation dated 2.4.2013 (Annexure P-5) called the applicants to submit certain documents so that interview could be held before the lower screening committee. The interviews were to be held on 21.5.2013 at HSIIDC Panchkula Complex. The result of the said interview was declared and intimations of the same were sent on 2.5.2014. Vide letter dated 7.7.2014 (Annexure P-6), the petitioners were informed that the meeting of the final allotment committee in furtherance of the said allotment was fixed for 18.7.2014 at 9.30 am in the field office of HSIIDC, Udyog Vihar, Gurgaon and they were asked to bring certain documents.

The said interview to be held on 18.7.2014 was postponed vide letter dated 14.7.2014 (Annexure P-7) issued by respondent No.2. During the interregnum period, respondent No.2 had allotted all the industrial plots under all other categories to all the successful allottees after going through the prescribed process. The interview for the allotment of 450 square meter industrial plots of the selected candidates was not held. The petitioners moved a representation dated 21.4.2015 (Annexure P-8) to respondent No.2 to hold interview for the allotment of industrial plots measuring 450 square meters, but no response has been received till date. Hence, the present writ petition.

3.

Learned counsel for the petitioners submitted that for the relief claimed in the writ petition, the petitioners have moved a representation dated 21.4.2015 (Annexure P-8) to respondent No.2, but no action has so far been taken thereon.

4.

After hearing learned counsel for the petitioners, perusing

-3the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by directing respondent No.2 to take a decision on the representation dated 21.4.2015 (Annexure P-8), in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of three months from the date of receipt of certified copy of the order. (AJAY KUMAR MITTAL) JUDGE May 29, 2015 (REKHA MITTAL) gbs JUDGE