Research › Search › Judgment

Punjab High Court · body

2006 DIGILAW 3082 (PNJ)

Kiran Kapoor v. Huda

2006-08-01

H.S.BHALLA, VINEY MITTAL

body2006
Judgment , J. 1. This judgement shall dispose of two petitions bearing CWP Nos.5352 of 2006 and 5355 of 2006. For the sake of convenience, facts are borrowed from CWP No.5352 of 2006. 2. The petitioner has approached this Court for issuance of directions to the respondents to allot a plot under the oustees quota to her in Sector 2, Mansa Devi Complex on account of acquisition of the land of the Rishab Cooperative House Building Society Ltd (hereinafter referred to as `the Society ). 3. The stand taken by the respondents in the written statement is that the land belonging to the aforesaid Society had been acquired and, therefore, as per the policy of HUDA, the petitioner had no individual claim to make for allotment of a plot, unless and until, she submitted a No Objection Certificate from the Members of the Society. The respondents have maintained that she has not submitted a No Objection Certificate from the Members of the Society. 4. Sh. Ashwani Talwar, learned Counsel for the petitioner has referred to an affidavit dated December 9, 2005 submitted by Ashwani Kumar, Secretary of the Society to the effect that the Members of the said Society had no objection if a residential plot under oustees quota is alloted in the name of the petitioner. 5. Sh. Talwar has further informed the Court that no other Member of the Society has applied for the allotment of the plot under the oustees quota. 6. Keeping in view the aforesaid facts and also the fact that an affidavit dated December 9, 2005 has been submitted by the Secretary of the Society, we direct the Estate Officer, HUDA, Panchkula to reconsider the claim of the petitioner under the ousteees quota for allotment of a plot in Sector 2, Mansa Devi Complex, as per the policies applicable to the petitioner. For this purpose, the petitioner shall be required to file a detailed and comprehensive representation before the Estate Officer, HUDA, Panchkula, annexing relevant documents within a period of 4 weeks from the date a certified copy of this order is received. On receipt of the aforesaid representation, the Estate Officer, HUDA, Panchkula shall afford an opportunity of hearing to the petitioner or her authorised representative and thereafter pass a detailed and speaking order, within a period of 4 months from the date of the filing of the representation. On receipt of the aforesaid representation, the Estate Officer, HUDA, Panchkula shall afford an opportunity of hearing to the petitioner or her authorised representative and thereafter pass a detailed and speaking order, within a period of 4 months from the date of the filing of the representation. Till the matter is finally decided by the Estate Officer, the interim order dated April 4, 2006 passed by this Court shall continue to operate. 7. Copy of the order be given dasti on payment of the usual charges.