Arvind K. Singhal v. Haryana State Industrial Development Corporation Limited, Chandigarh
2004-07-05
G.S.SINGHVI, K.S.GAREWAL
body2004
DigiLaw.ai
JUDGMENT The petitioners have invoked jurisdiction of this Court under Article 226 of the Constitution of India for quashing letters dated 16.9.1998 (Annexure P11) and 22.12.1998 (Annexure P15) and for issuance of a writ of mandamus directing the respondents to hand over possession of industrial plot No. 7, Phase-VI, Udyog Vihar, Gurgaon. In the miscellaneous application, they have prayed that the writ petition may be disposed of in terms of order dated 3.3.2003 passed in C.M. Nos. 8739 of 2002 and 35687 of 2001. 2. Learned counsel for the petitioners says that his clients are ready to accept the offer of allotment made by the respondents but they may be given liberty to make representation for award of interest on account of delay in allotment of plot. 3. Shri Kamal Sehgal, learned counsel for the respondents says that he does not have any objection if the writ petition is disposed of in terms of order dated 3.3.2003. 4. We have carefully perused the record. While dealing with C.M. Nos. 8739 of 2002 and 35687 of 2001, the Court had passed the following order on 3.3.2003:- "This case comes upon for disposal of Civil Miscellaneous Applications Nos. 8739 of 2002 and 35687 of 2001. On August 26, 2002, Shri Kamal Sehgal, learned counsel for the Corporation had prayed for adjournment to seek clear instructions from the respondents on the subject of allotment of alternative site to the petitioner. Today, Shri Kamal Sehgal made a statement that the Corporation is ready to allot plot No. 31, Udyog Vihar, Phase-VI, Gurgaon to the petitioner at the original price. Shri C.B. Goel, learned counsel for the writ petitioner-applicant says that he may be given time to seek instructions. In our opinion, it is open to the petitioner to accept or reject the offer of alternative site given on behalf of the respondents and therefore, we deem it proper to adjourn the case with a direction that the case be listed as and when application is made by the applicant incorporating his willingness or unwillingness to accept the offer of alternative plot." 5. Since the petitioners have shown their willingness to accept the allotment of plot Nos.
Since the petitioners have shown their willingness to accept the allotment of plot Nos. 31, Udyog Vihar, Phase-VI, Gurgaon, the writ petition is disposed of in terms of order dated 3.3.2003 with the direction that the allotment letter be issued to the petitioners within one month from today and possession be handed over within one month of the completion of paper-formalities. The petitioners are also given liberty to make representation for award of interest on account of delay in allotment of plot. Petition allowed.