Jaibir And ORS v. State Of Haryana And ORS

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.724 of 2016 (O&M) Date of Decision: 14.01.2016 **** Jaibir & Ors.

... Petitioners VS.

State of Haryana & Ors.

... Respondents **** CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR.JUSTICE P.B. BAJANTHRI ****

Present:

Mr. Jagjeet Beniwal, Advocate for the petitioner Ms. Kirti Singh, DAG Haryana **** SURYA KANT, J. (Oral)

(1)
Notice of motion to respondents No.1 to 4 only. On our asking, Ms. Kirti Singh, DAG Haryana accepts notice on their behalf. We do not deem it necessary to issue notice to the Gram Panchayat or the private respondents against whom the allegations have been made and/or who are the beneficiaries of allotment of 100 sq.yard plots as no order prejudicial to their interest is being passed. (2)
The grievance of the petitioners is that the private respondents have been allotted 100 sq.yard plots under the Mahatma Gandhi Awas Yojna in violation of the Government policies dated 01.02.2008 and 29.05.2008. It is alleged that the persons holding one-acre land or who has got a plot under the Scheme or is employed in Government service or private sector and/or who is in illegal possession of the Gram Panchayat is ineligible for allotment of 100 sq.yards plot under the above-stated Policy but the private V.VISHAL 2016.01.14 16:00 I attest to the accuracy and authenticity of this document

  

  







respondents who allegedly suffer from one or the other disqualifications have been allotted the plots. (3)
Heard learned counsel for the parties.

(4)
The allottee - the private respondents belong to poor strata of society. It would not be expedient to call upon and burden them with litigation expenses only for justifying the allotments made in their favour. Rather the appropriate recourse would be to direct the District Administration to look into the alleged illegalities/irregularities committed by the Gram Panchayat or the Village Committee in the matter of subject allotments. Consequently, the writ petition is disposed of without expressing any views on the legality of the allotments with direction to the Deputy Commissioner, Bhiwani to depute some senior officer of the District Administration to look into the legality of the allotments and take an appropriate decision in accordance with law within four months. No order prejudicial to the interest of the allottee(s) shall be passed without giving adequate opportunity of hearing to them. (5)
Let a dasti copy of this order be handed over to Ms. Kirti Singh, DAG Haryana for information and necessary action.













 

 

 

 


      

 






  
 

 

 

 

 

 

 

 

V.VISHAL 2016.01.14 16:00 I attest to the accuracy and authenticity of this document