IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
L.P.A. No.1410 of 2009(O&M)
Date of decision: 16.12.2009
Haryana Urban Development Authority & others.
-----Appellants
Vs.
Dhani Ram Saini & others.
-----Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE GURDEV SINGH
Present:- Mr. Manish, Advocate
for the appellants.
---
ORDER:
It is not disputed that LPA No.1070 of 2009 Haryana
Urban Development Authority & others v. Harsh Kinra &
others, arising out of the common order in connected writ
petitions, has been dismissed on 10.12.2009. Only point of
distinction made in the present case is that the land acquired was
less than 75% of the total land holding, in which case entitlement
to allotment to plot does not arise under the policy.
Learned Single Judge rejected this submission by
holding that neither this was a ground mentioned in the order
passed, rejecting the claim of the writ petitioner, nor it could be
LPA No.1410 of 2009 2
disputed that as far as the writ petitioner is concerned, his 99%
land has been acquired. Thus, even if acquired land was less
than 75% of the total area, in absence of any other co-sharer
having been allotted plot, there is no ground to interfere with the
direction for allotment of one plot to the writ petitioner.
Accordingly, this appeal is dismissed.
(ADARSH KUMAR GOEL)
JUDGE
December 16, 2009 ( GURDEV SINGH )
ashwani JUDGE