In this writ petition, petitioners denied allocation of BPL plots under the Mahatma Gandhi Gramin Basti Yojna. The High Court avoided merits, directing State officials to verify claims and decide within four months.
Direction to respondents to verify petitioners' claim and take a decision within four months.
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.
THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.1499 of 2015 Date of Decision: January 29, 2015.
Ram Niwas and others versus
State of Haryana and others
.....Petitioners
.....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present : Mr.Sandeep Kumar Yadav, Advocate, for the petitioners.
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Surya Kant, J. (Oral)
The petitioners are residents of village Mukandpur Basai, Block Bawal, Tehsil and District Rewari. They claim themselves to be living Below the Poverty Line (BPL) to whom the Gram Panchayat has decided to allot plots of 100 square yards. Their grievance is that though they are fully eligible for such allotment under the 'Mahatma Gandhi Gramin Basti Yojna' which the State Government has decided to implement vide Policy memo dated 1.2.2008, the respondents are still not considering their claim. It appears from the averments that an exercise to identify the eligible persons was undertaken and the petitioners were found eligible but the follow up action by the Deputy Commissioner, Rewari or Gram Panchayat of their village is still awaited.
Having heard learned counsel for the petitioners and taking into consideration the fact that the petitioners have placed reliance on a Government Policy which, according to
MOHINDER KUMAR 2015.02.24 11:42 I attest to the accuracy and authenticity of this document Chandigarh
[2]
CWP No.1499 of 2015
them, has not been given effect, we dispose of this writ petition, however without expressing any views on the merits, with a direction to respondent nos.2 to 5 to verify the claim of the petitioners as contained in this petition and take an appropriate decision in accordance with law, within a period of four months from the date of receiving a certified copy of this order.
Ordered accordingly.
Dasti.
January 29, 2015 [RAJ MOHAN SINGH] Mohinder JUDGE
MOHINDER KUMAR 2015.02.24 11:42 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether the restitution Petitioners claim under the Mahatma Gandhi Gramin Basti Yojna is accurate.
Whether the Gram Panchayat is obligated to verify eligibility and allot plots within a specific timeframe.
Ram Niwas and others
State of Haryana
Surya Kant
Raj Mohan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
