Deepa Batra v. Haryana Urban Development Authority And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-23973-2015 Date of decision:- 16.11.2015 Deepa Batra

...Petitioner

Versus

Haryana Urban Development Authority, Panchkula and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA

Present:

Mr. Gaurav Bakshi, Advocate, for the petitioner.

* * * * S.J. VAZIFDAR, A.C.J. (ORAL) The petitioner seeks an allotment of an alternate plot. The petitioner in a draw of lots was allotted a plot. The petitioner alleges that she made full payment in respect thereof, but was not given possession of the plot. In reply to her query under the Right to Information Act, 2005, the petitioner was informed that the plot could not be allotted due to pending litigation in respect thereof. There is nothing to indicate that the litigation is over and that the possession of the plot can now be given.

2.

In view of these circumstances, the petitioner by her letter dated 26.06.2015 (Annexure P-9) made an application for an alternate allotment contending that she is entitled to the same under the policy dated 16.04.2009.

3.

The facts as alleged by the petitioner would require to be considered. It would also be required to be considered whether the policy is applicable to the petitioner. The issue, therefore, in the first instance ought to be decided by the respondents.

4.

The petition is disposed of by directing the respondents to decide the petitioner's application dated 26.06.2015 (Annexure P-9) according to it priority on the basis that it was made in the year 2009 i.e. the year in which the petitioner was initially allotted the plot.

(S.J. VAZIFDAR) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE 16.11.2015 Amodh AMODH SHARMA 2015.11.17 11:11 I attest to the accuracy and authenticity of this document chandigarh