Rameshwar Dayal v. State Of Haryana And ORS.

CWP-14217-2017 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-14217-2017 Date of Decision: 13.3.2018 Rameshwar Dayal ....Petitioner.

Versus

State of Haryana and others

...Respondents.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL PRESENT: Mr. Sandeep Sharma, Advocate for the petitioner. Mr. Sandeep Moudgil, Additional 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 petitioner has prayed for issuance of a direction to the respondents to allot a plot to the petitioner under the oustees policy dated 9.11.2010 (Annexure P-1).

2.

The petitioner was owner of the land situated at village Kadipur, District Gurugram which was acquired by the respondents vide award dated 16.7.1985 for the development of Sector 10-A (Residential area), Gurugram. As per the policy dated 9.11.2010 (Annexure P-1), the petitioner was entitled to the allotment of a plot under the oustees category. Respondent No.3 vide public notice dated 25.6.2015 (Annexure P-2) invited the applications for the allotment of plot under oustees category from the landowners whose land was acquired. In response thereto, the petitioner had applied for the allotment of a plot vide application dated 13.7.2015 (Annexure P-3) along with the earnest money of ` 50,000/-. Further, the Gurbachan Singh 2018.03.23 14:52 I attest to the accuracy and integrity of this document respondents had decided to refund the earnest money along with interest

CWP-14217-2017 -2vide policy dated 11.8.2016 (Annexure P-4). However, till date no plot has been allotted to the petitioner. Hence, the present writ petition. 3.

Learned counsel for the petitioner has prayed that liberty be granted to the petitioner 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.

4.

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 petitioner 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 petitioner 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 petitioner within a period of six months from the date of receipt of the representation. The petitioner shall be entitled to lead any evidence to substantiate his claim before the concerned authority. (AJAY KUMAR MITTAL) JUDGE March 13, 2018 (ANUPINDER SINGH GREWAL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.03.23 14:52 I attest to the accuracy and integrity of this document