IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CIVIL WRIT PETITION NO. 6550 OF 2008
DATE OF DECISION : September 10, 2009.
Parties Name
Devender Rathee
...PETITIONER
VERSUS
Haryana Urban Development Authority and others
...RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Ravinder Malik,
Advocate, for the petitioner.
Mr. Sunil Nehra, AAG, Haryana, for respondent No. 1 and 5.
Mr. Suvir, Advocate, for respondents No. 2 to 4
JASBIR SINGH, J. (oral)
ORDER:
In this writ petition, it is prayer of the petitioner that despite
land of the petitioner having been acquired, the respondents have not
allotted a plot to him, as per the rehabilitation policy for those owners,
whose land was acquired. In reply, serious dispute has been raised
regarding entitlement of the petitioner to get a plot. Counsel for the
petitioner states that the calculation of share of the petitioner, in the land
acquired, is not correct. To say so, he has made reference to a document
Annexure P-9. By making further reference to the affidaivt filed by the co-
sharers that they have no objection, if plot is allotted in favour of the
petitioner, counsel for the petitioner states that allotment of a plot has
CIVIL WRIT PETITION NO. 6550 OF 2008 -2-
wrongly been denied to him.
Counsel for the respondents states that affidavit by the co-
sharers was executed after the draw of lots.
A Division Bench of this Court in Amar Singh v. HUDA and
others, CWP 15433 of 2006, decided on November 29, 2006, by taking note
of statement made by Shri S.S.Dhillon, the then Chief Administrator,
HUDA, has ordered that Oustees Adalat and Apex Appellate Body be
constituted to settle dispute(s) of the land owners regarding allotment of
plot(s) against the acquired land.
The present dispute can better be settled by the Oustees Adalat.
In view of above, this writ petition is disposed of by giving
option to the petitioner to apply for allotment of plot before the above said
Adalat and if any application is made within three weeks from today, the
competent authority shall decide the same within two months thereafter, as
per law.
( Jasbir Singh )
Judge
September 10, 2009.
DKC