Sh. Chander Mohan Kharbanda v. State Of Haryana And Others

CWP-12858-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-12858-2017 Date of Decision: June 01, 2017 Sh.Chander Mohan Kharbanda .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE HARI PAL VERMA 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.Sandeep Sharma, Advocate for the petitioner.

........

SURYA KANT, J.

The petitioner was allotted Plot No.2228-P, measuring 420 square meters in Sector 57, Gurugram and allotment letter was issued to him on 28.01.2005. It appears that the land where plot is carved out is under litigation due to which physical possession of the plot could not given to him. It further appears that petitioner was later on allotted Plot No.34-P in Sector 50, Gurugram, in lieu of the aforesaid plot No.2228-P but possession of 2nd plot has also not been delivered. The petitioner in these circumstances seeks allotment of an alternative plot. It is further alleged that some of the allottees have been given alternative plots in other sectors. On this plea, the petitioner claims that plot Nos.3059, 3061, 3062 and 3117 in Sector-46, Gurugram may be allotted to him.

Meenu 2017.06.03 15:30 I attest to the accuracy and authenticity of this document chandigarh

CWP-12858-2017 -2Having heard learned counsel for the petitioner and considering the nature of prayer made in this writ petition, we dispose of the same with a direction to the Chief Administrator, HUDA, Panchkula and the Estate Officer concerned, Gurugram, to entertain the petitioner's grievance and if it is a fact that the authorities are unable to deliver possession of Plot No.34-P, Sector-50, Gurugram, let petitioner's claim for allotment of an undisputed alternative plot including those referred to above, be considered within a period of two months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

Meanwhile, no third party rights shall be created in respect of Plot Nos.3059, 3061, 3062 and 3117 in Sector 46, Gurugram. ( SURYA KANT ) JUDGE June 01, 2017 ( HARI PAL VERMA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.06.03 15:30 I attest to the accuracy and authenticity of this document chandigarh