High Court Punjab-Haryana High Court

Devender Rathee vs Haryana Urban Development … on 10 September, 2009

Punjab-Haryana High Court
Devender Rathee vs Haryana Urban Development … on 10 September, 2009
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