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2008 DIGILAW 440 (PNJ)

Amrik Singh v. State Of Haryana

2008-02-18

SURYA KANT

body2008
Judgment Surya Kant, J. 1. This order shall dispose of Civil Writ Petitions No. 7095 to 7098, 8895 to 8897 of 1988 as common questions of law and facts are involved therein. However, for the sake of brevity, the facts are being taken from CWP No. 7095 of 1988. 2. The petitioner seeks a writ in the nature of certiorari for quashing of the letter dated 1.2.1988 whereby the earnest money deposited by him for allotment of Plot No. 193, Sector 25, Transport Nagar, Panipat has been returned. He also seeks a writ in the nature of mandamus directing the respondents to allot the aforesaid plot to him on "first come first served" basis. 3. The facts may be noticed briefly. On 31.3.1987 the Haryana Urban Development Authority (for short "HUDA") invited applications for booking agencies in the Transport Nagar at Panipat on free hold "first come first served" basis. There were total 47 plots of two categories. The petitioner sent a draft of Rs. 10,800/-along with the application form for allotment of one of the plots, the receipt of which was duly acknowledged by the respondents vide Annexure P-2. The petitioner is stated to have visited the office of respondent No. 3 several times along with balance amount which was, however, not accepted on one pretext or the other. The petitioner thereafter received the impugned communication dated 1.2.1988 whereby the earnest money deposited by him had been returned. The petitioner alleges that before the refund of the earnest money, Plot No. 193, Sector 25, Transport Nagar, Panipat was decided to be allotted to him, being an existing Transporter. 4. Aggrieved at the decision of the respondents to return the earnest money and non-allotment of the subject plot, that the petitioner has approached this Court. 5. Notice of motion was issued and in response thereto, the respondents have filed their written statement. 4. Aggrieved at the decision of the respondents to return the earnest money and non-allotment of the subject plot, that the petitioner has approached this Court. 5. Notice of motion was issued and in response thereto, the respondents have filed their written statement. In addition to the preliminary objections that mere submission of an application by the petitioner does not entitle him to claim allotment of the plot as a matter of right, the respondents have taken a plea that "the reasons for the refund of the earnest money is that some of the members of the Goods Transport Association has filed Civil Writ Petition No. 2147 of 1987 in the Honble High Court for the States of Punjab and Haryana and the allotment of the plots on the basis of first come first served was stayed on 15.5.1987. This writ petition was withdrawn by the petitioners on the assurance given to them that the allotment of plots in Transport Nagar, Panipat will be done only to the existing Transporters of Panipat". 6. The afore-stated stand taken by the respondents, namely, passing of interim order dated 15.5.1987 by this Court staying the allotment on "first come first served" basis, is not disputed by the petitioner. In these circumstances, no fault can be found with the action of the respondents in refunding the earnest money deposited by the petitioner. 7. The question, however, arises as to what should be the transparent, non-discriminatory and fair procedure which the respondents ought to follow while allotting the valuable immovable properties? Section 15 of the Haryana Urban Development Authority Act, 1977 provides as under: 15. Disposal of land.- (1) Subject to any directions given by the State Government under this Act and the provisions of Sub-section (5), the Authority may dispose of. xx xx (3) subject to the provisions hereinbefore contained, the Authority may, sell, lease or otherwise transfer whether by auction, allotment or otherwise any land or building belonging to it on such terms and conditions it may, by regulations, provide. xx xx (3) subject to the provisions hereinbefore contained, the Authority may, sell, lease or otherwise transfer whether by auction, allotment or otherwise any land or building belonging to it on such terms and conditions it may, by regulations, provide. xx xx (5) Notwithstanding anything contained in any other law, for the time-being in force, any land or building or both, as the case may be, shall continue to belong to the Authority until the entire consideration money together with interest and other amount, if any, due to the Authority, on account of the sale of such land or building or both is paid. 8. In stricto-senso, the allotment of plots on "first come first served" basis does not qualify the litmus test of non-discriminatory mandate contained in Article 14 of our Constitution. The respondents, however, can always take a conscious decision, consistent with the provisions contained in Section 15 of the Act, thereby laying down the modalities for such allotments. 9. Since the petitioners have neither been refused nor have been allotted the plots in question, these writ petitions are disposed of with the directions that the respondents shall firstly take a conscious decision for allotment of the subject plots in a transparent, non-discriminatory and fair manner. Thereafter only, the respondents shall proceed to allot the plots to the eligible applicants. If the petitioners, on the basis of their previous applications and/or fresh applications, if invited, are found eligible, their cases shall also be considered for such allotments in accordance with law. The needful shall be done within a period of six months. 10. Disposed of.