Khushi Ram And ANR v. State Of Haryana And ORS

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision: 13.3.2018 Shri Khushi Ram and another ....Petitioners.

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 petitioners. Mr. Sandeep Moudgil, Additional Advocate General, Haryana. Mr. Deepak Sabharwal, 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 petitioners have prayed for issuance of a direction to the respondents to allot plots to the petitioners under the oustees policy dated 9.11.2010 (Annexure P-1) 2.

The petitioners were owners of the land situated in village Harsaru, District Gurugram which was acquired by the State of Haryana vide award dated 24.1.2006 for the development of Special Economic Zone. Notice dated 24.1.2006 (Annexure P-2) under Section 9 of the Land Acquisition Act, 1894 were issued to the petitioners. Government of Haryana framed a policy dated 9.11.2010 (Annexure P-1) and as per the said policy, the petitioners were entitled to the allotment of a plot. In response thereto, the petitioners applied for the allotment of the plots vide

-2applications dated 27.12.2010 (Annexures P-3 and P-4, respectively). Thereafter, the petitioners filed CWP-23660-2015 and this Court vide order dated 5.11.2015 (Annexure P-6) disposed of the said writ petition with a direction to the respondents to decide their representation. The petitioners moved a representation dated 24.11.2015 (Annexure P-5) to respondent No.3 for the allotment of the plots, but no response has been received till date. Hence, the present writ petition.

3.

Learned counsel for the petitioners submitted that for the relief claim in the writ petition, the petitioners have moved a representation dated 24.11.2015 (Annexure P-5) to respondent No.3, but no action has so far been taken thereon. He, however, prayed that liberty be granted to the petitioners 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 petitioners 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 petitioners 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 petitioners within a period of six months from the date of receipt of the

-3representation. The petitioners shall be entitled to lead any evidence to substantiate their 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