Jita Ram vs Haryana Urban Development … on 1 September, 2009

             IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                                CHANDIGARH


                                       Civil Writ Petition No.13510 of 2009
                                              Date of Decision: 01.09.2009



Jita Ram
                                                                      Petitioner
                            Versus
Haryana Urban Development Authority and another
                                                                   Respondents



CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:     Mr.Sandeep Arora, Advocate for the petitioner

                          .....

Jasbir Singh, J. (Oral)

Petitioner’s land was acquired in the year 1990. Petitioner

claims that as per rehabilitation policy of the State of Haryana, for owners

whose land was acquired, the petitioner is entitled to get allotted a plot.

This writ petition has been filed with a prayer to issue

directions to the respondents to allot a plot to the petitioner, out of the plots

meant for allotment to the oustees. Earlier also, the petitioner came to this

Court by filing CWP No.1911 of 1999, which was disposed of on

11.2.1999. Relevant portion of the order reads thus:-

“Therefore, we dispose of the writ petition by directing
respondent No.2 to decide the application submitted by the
petitioner within six weeks of the submission of certified copy
of this order together with a copy of the writ petition. For the
purpose of deciding the claim of the petitioner, the said
respondent shall take into consideration the averments made in
the writ petition. If the competent authority comes to the
Civil Writ Petition No.13510 of 2009 2

conclusion that the petitioner is not eligible/ entitled to be
allotted a plot of land in terms of the policy, then reasoned
order shall be communicated to him at the end of six weeks
period.”

In response to the order, mentioned above, Chief

Administrator, HUDA at Panchkula passed an order on 7.1.2000, in which,

it was stated that case of the petitioner, for allotment of plot, will be

considered as and when sectors are floated for allotment to the general

public. The petitioner was given liberty to move an application at that time.

Thereafter, when plots were offered in the area, in question, to general

public, the petitioner again made a representation and also deposited earnest

money. However, nothing was done. His request was not considered.

Compelled under the circumstances, the petitioner served a legal notice on

30.7.2009 (P10) which is pending undecided.

Counsel for the petitioner states that the petitioner will be

satisfied in case directions are issued to respondent No.1 to decide his legal

notice in terms of the order passed by this Court in CWP No.20456 of 2006

(P8) and CWP No.2033 of 2009 (P9).

In view of facts mentioned above, this writ petition is disposed

of by issuing directions to respondent No.1 to take note and decide legal

notice served by the petitioner, by passing a speaking order. If the

petitioner is found eligible, as per Policy of the State government to get a

plot, the same be allotted to him forthwith. To the contrary, if the officer

concerned wishes to reject claim of the petitioner, on valid grounds, he may

pass a speaking order and supply a copy of the same to him. Needful be

done within a period of one month from the date of receipt of a copy of this

order.

01.09.2009                                  (Jasbir Singh)
 Civil Writ Petition No.13510 of 2009           3

gk                                     Judge