Dismissed

Bishamber and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC1 May 2008CWP/7108/2008

Case brief

AI extract

What is this about?

This Court held that petitioners allotted land via approved government resolutions are lawful occupants. Notices issued by HUDA for alleged unauthorized occupation were rendered infructuous, upholding petitioners' rights to remain unless eviction proceedings follow natural justice principles for truly unauthorized occupants.

What did the court decide?

Quashing of notices (Annexures P19 to P28) issued for vacating land as petitioners hold valid allotment rights.

Bishamber and Ors. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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CWP No. 7108 of 2008 Date of Decision: May 01,2008

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Bishamber and others

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...........Petitioners

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Versus

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State of Haryana and others

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..........Respondents

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Coram: Hon'ble Mr.Justice M.M.Kumar Hon'ble Mrs. Justice Sabina

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Present: Mr.N.D.Achint, Advocate for the petitioners.

M.M. Kumar, J.

Notice of motion.

Ms. Palika Monga,Assistant Advocate General, Haryana

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accepts notice on behalf of respondent No.1 and Mr.Ashish Kapoor, Advocate accepts notices on behalf of respondents 2 and 3..

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Heard learned counsel for the parties.

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The prayer made by the petitioners in the instant petition

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is for quashing notices, (Annexures P19 to P28) issued by the Collectorcum-Estate Officer-II, Haryana Urban Development Authority, Sector 56, Gurgaon-respondent No.3 for vacating the land alleging that they have been in unauthorized occupation of the land and premises built thereon which is claimed to be HUDA's land. The case of the petitioners is that they are lawful allottees' in pursuant to the allotment letters issued in their favour. Some of the copies of the allotment letters are placed on record as Annexures P3 to P15. The allotment has been made of an area of 100 square yards in pursuance to the copy of resolution No. 4 dated 16.3.1991

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CWP NO. 7108 of 2008 -2

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passed by the Gram Panchayat, Wazirabad. The allotment of plots was made to landless workers like the petitioners.

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Mr.Ashish Kapoor, Advocate appearing for respondents No. 2 and 3, on instructions from Mr.Jaswant Singh, Deputy District Attorney in the Office of the Chief Administrator, HUDA, Panchkula, states that the petitioners who have been allotted land by the Gram Panchayat in pursuance of the allotment letter after approval by the Government shall not be evicted from the land or their hutments. He further states that if any of the occupants of land was found to be in unauthorized possession without any allotment letter, then, the respondents shall be at liberty to proceed against such occupants in accordance with law by following principles of natural justice.

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In view of the above, this writ petition has been rendered infructuous. The rights of the petitioners shall remain intact as if they have been allotted land in pursuance of the allotment letter after approval by the Government based on the resolution of the Gram Panchayt,Wazirabad, dated 16.3.1991 (Annexure P2). However, we make it clear that in case any of the petitioners is in possession of the allotment letters, and they are still sought to be evicted, such persons shall be at liberty to approach this Court again.

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( M.M.Kumar ) Judge

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( Sabina ) Judge

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May 01, 2008

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arya

Bishamber and Ors. v. State of Haryana and Ors.

Case brief

What is this about?

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Bishamber and Ors. v. State of Haryana and Ors.

Case brief

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What did the court decide?

What the court decided

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