IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Civil Writ Petition No.10062 of 2009
Date of Decision: 10.07.2009
Smt.Dhanno
Petitioner
Versus
State of Haryana and others
Respondents
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Mr. Ajit Malik, Advocate for the petitioner
.....
Jasbir Singh, J. (Oral)
This writ petition has been filed with a prayer that directions be
issued to respondent Nos.1 to 4 to consider claim of the petitioner for
allotment of a plot under oustees category, for which the petitioner had
applied on 1.8.1994.
Heard.
Petitioner’s land was acquired way back in the years 1983 and
1989 for development of Sectors 15 part II, 31, 32, 38 to 41 in Gurgaon. It
is coming out from the records that on asking of the authorities, the
petitioner filed an application on 1.8.1994 to claim a plot under oustees
quota. She also deposited 10% amount of the tentative price of the plot,
which is reflected in receipt dated 1.8.1994 (P9).
Counsel for the petitioner states that inspite of several
representations made no action has been taken by the authorities. To say
that the petitioner is entitled to get a plot allotted, reliance has been placed
upon ratio of a Division Bench judgment of this Court in CWP No.2065 of
Civil Writ Petition No.10062 of 2009 2
2006 (Ashok Kumar v. State of Haryana and others), decided on 21.8.2008
(P15).
In view of above, this writ petition is disposed of by issuing
directions to respondent No.4 to decide application of the petitioner for
allotment of a plot against oustees quota. Before passing any order, an
opportunity of hearing be given to the petitioner and ratio of the judgment
of this Court in Ashok Kumar’s case (supra) be also kept in mind. Needful
be done within a period of six weeks from the date of receipt of a copy of
this order.
10.07.2009 (Jasbir Singh) gk Judge