Disposed

Bijay Kumar Singh and Anr. v. State of Haryana & Ors.

Punjab & Haryana HC31 Jan 2012CWP/14937/2010

Case brief

AI extract

What is this about?

Petitioners challenged non-handover of allotted plot. Court directed HUDA to consider claims of petitioners and similarly situated allottee for alternative plot allotment under policy dated 10.12.2007.

What did the court decide?

Direction to respondent-HUDA to consider claims of petitioners and respondent No. 6 for allotment of alternative plot under policy dated 10.12.2007 within three months.

Bijay Kumar Singh and Anr. Vs State of Haryana… — Landlord and Tenant | Punjab & Haryana HC (2012)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Date of decision: 31.1.2012

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CWP No. 14937 of 2010 (O&M)

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Bijay Kumar Singh and another

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......Petitioners

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vs.

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State of Haryana and ors …..Respondents

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Present: Ms. Monisha Lamba, Advocate for the petitioners.

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Ms. Shubhra Singh, DAG, Haryana

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Mr. P.S. Sullar, Advocate for respondent-HUDA

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Mr. Vijay Gularia, Advocte for respondent No. 6.

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CORAM: -HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE A.N.JINDAL

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HEMANT GUPTA, J

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Petitioners have been allotted plot in Sector 21-C, Part III, vide the letter of allotment dated 12.8.1992. Petitioners were not handed over the possession of the said plot, therefore, the petitioners filed the present writ petition, pointing out that the plot No. 648, Sector 21-C is lying vacant and that such plot should be allotted to the petitioners. This Court vide order dated 16.9.2010 directed that plot No. 648, Sector 21-C, Faridabad will not be allotted to any other person.

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On the other hand, respondent No. 6 was allotted plot No. 1564 in Sector 48 vide the letter of allotment dated 19.8.1992. The possession of the said plot was also not

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CWP No. 14937 of 2011

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handed over to the said respondent. An alternative plot No. 206, Sector 48 was allotted but the possession of the said plot was not delivered. The said respondent filed a writ petition (CWP No. 14811 of 2010) before this Court, wherein Chief Administrator was directed to consider the representation of the respondent for allotment of alternative plot vide the order dated 19.8.2010. It was also observed that till such time representation of the said respondent is decided, plot No. 648, Sector 21-C, Faridabad will not be allotted to any other person. It is pointed out by respondent no. 6 that such plot has been allotted to him vide the allotment letter dated 9.9.2010. Therefore, the petitioners cannot claim any interest over the said plot.

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Vide the separate order passed today in CWP No.

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23185 of 2011, Parveen Vashisht vs. Haryana Urban Development Authority and ors , a bunch of writ petitions has been decided, wherein respondent-HUDA has been directed to allot alternative plots to the similarly situated allottees.

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Learned counsel for parties agree that if the names of the petitioners and respondent No. 6 be also considered for allotment of alternative plots in the same sector or in the adjoining sector in terms of the policy dated 10.12.2007.

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CWP No. 14937 of 2011

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In view of the said fact, present writ petition is also disposed of with the direction to respondent-HUDA to consider the claim of the petitioners as well as respondent No. 6 for allotment of alternative plot in terms of the policy dated 10.12.2007 within a period of three months.

Disposed of.

(HEMANT GUPTA) JUDGE

(A.N.JINDAL) JUDGE

31.1.2012 preeti

Bijay Kumar Singh and Anr. v. State of Haryana & Ors.

Case brief

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Bijay Kumar Singh and Anr. v. State of Haryana & Ors.

Case brief

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