The Court set aside an order denying plot allotment for transport business owners and directed the Estate Officer, HUDA, to pass a fresh order within two months after objectively considering the petitioners' submitted materials.
Estate Officer to pass fresh order within two months objectively considering material.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.O.C.P. No.136 of 2010 (O&M) DATE OF DECISION: May 14, 2012
Rakesh Malhotra and others
…..Petitioners
versus
Shri Arvind Malhan
.....Respondent
CORAM:- HON'BLE MR. JUSTICE SURYA KANT
Present: Mr.Ashok Bhalla, Advocate for the petitioners Mr.Arun Walia, Advocate for the respondent
..
SURYA KANT, J. : (Oral)
The petitioners’ grievance is against non-compliance of the order dated 10.3.2009 passed in CWP No.6428 of 2008 in terms whereof their claim for allotment of plots in Transport Nagar, Sector 58, Faridabad was required to be re-considered.
The Estate Officer, HUDA, Faridabad has purportedly passed a speaking order dated April 19, 2012, copy whereof is placed on record of connected petition (COCP No.323 of 2012). I have gone through the said order vide which the petitioners’ claim has been turned down, primarily, on the plea that their names do not find mention in the survey list.
Learned counsel for the petitioners contends that petitioners have placed on record sufficient materials/proofs in
C.O.C.P. No. 136 of 2010 (O&M)
order to show that either they were running the transport business at the relevant time and/or they fulfil the other eligibility conditions and since the plots are still available, they are entitled to allotment.
The aforesaid order passed by the Estate Officer, HUDA, Faridabad, having been set aside in COCP No.323 of 2012, the Estate Officer is directed to pass a fresh order after objective consideration of the material/documents/proofs relied upon by the petitioners herein. The speaking order shall be passed within a period of two months.
Rule discharged.
May 14, 2012 (SURYA KANT) pc JUDGE
2
1 issue framed by the court
Whether the Estate Officer must reconsider the petitioners' claim for plot allotment after setting aside its earlier order.
Rakesh Malhotra and others
Shri Arvind Malhan
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
