Ram Sarup & ORS v. Municipal Corporation & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-4264-2014 (O&M) Date of decision:- 07.01.2016 Ram Sarup and others

...Petitioners

Versus

Municipal Corporation, Faridabad and others

...Respondents

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. A.S. Chadha, Advocate, and Mr. S.K. Biriwal, Advocate, for the petitioners.

Mr. Jasbir Mor, Advocate, for respondents No. 1 and 2.

Mr. Rahul Dev Singh, Deputy Advocate General, Haryana. * * * * S.J. VAZIFDAR, A.C.J. (ORAL) The petitioners seek an order directing respondents No. 1 and 2 to hand over actual physical possession of the respective plots of land to the petitioners in the Scrap Dealers Market developed on the periphery of Neighbourhood No. 3, New Industrial Township, Faridabad in pursuance of the allotment letters issued to the respective petitioners.

2.

There is no difficulty in granting this relief. There shall be an order in terms of prayer (b) subject of course to each of the petitioners fulfilling all other requirements.

3.

The petitioners' grievance across the bar is that the development works in respect of the Scrap Dealers Market have not been completed. For instance, it is alleged that the roads have not been constructed and the electricity has not commenced in the colony. They also contend that there are no sewerage and water connections.

4.

The petitioners shall hand over the plots in accordance with law. If there are any infirmities on the part of the respondents at the time of or even after AMODH SHARMA 2016.01.08 11:49 I attest to the accuracy and authenticity of this document chandigarh

CWP-4264-2014 (O&M) handing over of the plots, the petitioners are at liberty to adopt appropriate proceedings in respect of each of the grievances. 5.

Learned counsel appearing on behalf of respondents No. 1 and 2 states that two of the high tension wires have already been removed by the Dakshin Haryana Bijli Vitran Nigam Limited. He further states that it is expected that the third one will be removed within four weeks from today by the Dakshin Haryana Bijli Vitran Nigam Limited.

6.

The Dakshin Haryana Bijli Vitran Nigam Limited is requested to expedite the process in this regard.

7.

The respondents further state that thereafter the development works would be completed within 12 weeks.

8.

The writ petition is accordingly disposed of. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (ARUN PALLI) JUDGE 07.01.2016 Amodh AMODH SHARMA 2016.01.08 11:49 I attest to the accuracy and authenticity of this document chandigarh