Suresh Kumar And Others v. State Of Haryana And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 25.4.2018 Suresh Kumar and others ....Petitioners.

Versus

State of Haryana and others

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL PRESENT: Mr. Parmod Parmar, Advocate for the petitioners. Mr. D.R. Singla, Deputy Advocate General, Haryana. Mr. Saurabh Mago, Advocate for the respondent-HUDA. 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 certiorari for quashing the order dated 10.10.2016 (Annexure P-4) and the Policy dated 11.8.2016 (Annexure P-5) vide which it was decided to refund the cheque amount deposited by the petitioners for the allotment of plot under oustees quota. Further, a writ of mandamus has been sought directing the respondents to allot plots to the petitioners under the oustees quota in lieu of acquisition of the land. 2.

The petitioners were owners in possession of the land situated in village Rewari, Tehsil and District Rewari. State of Haryana vide notification dated 6.1.2006 issued under Section 4 of the Land Acquisition

-2Act, 1894 (in short "the Act") followed by notification dated 9.8.2006 under Section 6 of the Act acquired the said land for residential and commercial sectors 6-7, Rewari. The award was passed on 7.12.2006. The respondents invited the applications for the allotment of plots under the oustees quota. In response thereto, the petitioners submitted their respective applications (Annexure P-1 Colly) along with earnest money of ` 50,000/- each vide receipts (Annexure P-2 Colly) and the documents. The respondents had framed various policies including the policy dated 7.12.2007 (Annexure P3) for the allotment of plots under the oustees quota to the landowners whose land had been acquired by the HUDA. Respondent No.3 vide order dated 10.10.

2016 (Annexure P-4) advised the petitioners to apply for allotment of plot in fresh advertisement which would be issued after determination of reservation and the earnest money would be refunded along with interest. In this regard, the respondents also framed a policy dated 11.8.2016 (Annexure P-5). However, no plot had been allotted to the petitioners till date. Hence, the present writ petition. 3.

Learned counsel for the petitioners submitted that after the Full Bench judgment of this Court in CWP-22252-2016 (Rajiv Manchanda and others v. Haryana Urban Development Authority, Panchkula and others) decided on 22.11.2017, the matter is required to be revisited by the authorities. Accordingly, it was prayed that liberty be granted to the petitioners to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition and direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.

-34.

After hearing learned counsel for the parties, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by granting liberty to the petitioners to file a detailed and comprehensive representation raising all the pleas as raised in the present writ petition before the appropriate authority. It is directed that in the event of a representation being filed by the petitioners within a period of one month from the date of receipt of the certified copy of the order, the same shall be decided in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of six months from the date of receipt of the representation keeping in view the principles of law enunciated by the Full Bench of this Court in Rajiv Manchanda's case (supra). The petitioners shall be entitled to lead any evidence to substantiate their claim before the concerned authority.

(AJAY KUMAR MITTAL) JUDGE April 25, 2018 (ANUPINDER SINGH GREWAL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No