A writ petition challenging the rejection of a claim for plot allotment under the oustee quota was disposed of. The court held that since the petitioner failed to deposit earnest money as required by the 2000 advertisement, no right for allotment arose.
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.W.P.No.424 of2012
Date of Decision : 09.01.2012
Har Narain
...Petitioner
Versus
Haryana Urban Development Authority and others ...Respondents
CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr. B.S.Sodhi, Advocate, for the petitioner.
HEMANT GUPTA, J. (ORAL)
Challenge in the present writ petition is to an order dated 3.7.2007 passed by the Estate Officer, HUDA, Sonepat, whereby the claim of the petitioner for allotment of a plot as an oustee was declined.
It has been found that as per the advertisement, the booking of the plots under the Oustee's quota commenced on 04.01.2000 and the last date for submitting applications was 04.02.2000. The petitioner submitted his application on 27.01.2000, but without deposit of any earnest money as per the conditions of advertisement published in the newspaper.
Since the petitioner has not applied for the oustee's quota in terms of the advertisement issued, we do not find that the petitioner has any right for allotment of plot as an oustee as per the advertisement issued in the year 2000. It shall be open to the petitioner to apply for a plot as and when any fresh advertisement is issued, wherein the plots are reserved for oustees.
With the said observations, the writ petition stands disposed of.
09.01.2012 (A.N.JINDAL) preeti JUDGE
2 issues framed by the court
Whether a petitioner who failed to deposit earnest money as required by the advertisement can claim an allotment of a plot under the oustee quota.
Whether the right to allotment arises if the applicant does not comply with the conditions specified in the published advertisement.
Har Narain
Haryana Urban Development Authority
HEMANT GUPTA
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
