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2018 DIGILAW 595 (PNJ)

Tejpal v. State of Haryana

2018-02-12

AJAY KUMAR MITTAL, ANUPINDER SINGH GREWAL

body2018
JUDGMENT : AJAY KUMAR MITTAL, J. 1. In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioners haves prayed for issuance of a writ in the nature of certiorari for quashing the Policy dated 11.8.2016 (Annexure P-9); to quash the advertisement of the plots vide which the fresh applications have been invited and the petitioners had been directed to apply for the plot being oustees in pursuance to the advertisement along with earnest money and the earlier application filed by the petitioners along with the requisite earnest money would not be considered though the same had not been sent back till today. Further, a writ of mandamus has been sought directing the respondents to consider the applications dated 30.10.2013 and 30.7.2015 (Annexures P-6 and P-8 Colly) for the allotment of plot in lieu of acquisition of the land of the petitioners in pursuance to the earlier advertisement. 2. The petitioners were owners of the land to the extent of 1/2 share situated within the revenue estate of village Ghata, Tehsil and District Gurugram as per jamabandis for the years 1986-87 (Annexure P-1 Colly). The respondents vide notification dated 17.4.1989 (Annexure P-2) issued under Section 4 of the Land Acquisition Act, 1894 (in short “the Act”) followed by a notification dated 16.4.1990 (Annexure P-3) issued under Section 6 of the Act acquired the said land. The petitioners filed objections under Section 5-A of the Act. After issuance of notice under Section 9 of the Act, the award was passed on 5.7.1990. The petitioners moved the representations dated 16.5.2012 (Annexure P-4 Colly) for the allotment of a plot as per the oustees policy, but to no effect. Accordingly, the petitioners along with co-sharers filed CWP Nos. 17428 and 25255 of 2012 and this Court vide orders dated 6.9.2012 and 18.12.2012 (Annexure P-5 Colly) disposed of the said writ petitions in terms of the order dated 25.4.2012 passed in LPA-2091-2011. The respondents advertised plots for the allotment of plots under the oustees in all categories for Sectors 55 and 56, Gurugram. In response thereto, the petitioners applied for a plot vide applications dated 30.10.2013 (Annexure P-6 Colly) along with demand drafts dated 21.10.2013 (Annexure P-7 Colly). The petitioners moved a representation followed by a reminder dated 30.7.2015 (Annexure P-8) to respondent No.4 for the allotment of a plot under the oustees quota, but no response has been received. In response thereto, the petitioners applied for a plot vide applications dated 30.10.2013 (Annexure P-6 Colly) along with demand drafts dated 21.10.2013 (Annexure P-7 Colly). The petitioners moved a representation followed by a reminder dated 30.7.2015 (Annexure P-8) to respondent No.4 for the allotment of a plot under the oustees quota, but no response has been received. The respondents framed a policy dated 11.8.2016 (Annexure P-9) for settlement of oustees claims-terms and conditions thereof. Hence, the present writ petition. 3. Learned counsel for the petitioners submitted that for the relief claimed in the writ petition, the petitioners have moved the representations dated 16.5.2012 (Annexure P-4 Colly) to respondent No.4, but no action has so far been taken thereon. He, however, prayed that liberty be granted to the petitioners to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition and direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law. 4. After hearing learned counsel for the parties, perusing the present petition and without expressing any opinion on the merits of the case, we dispose of the present petition by granting liberty to the petitioners to file a detailed and comprehensive representation raising all the pleas as raised in the present writ petition before the appropriate authority. It is directed that in the event of a representation being filed by the petitioners within a period of one month from the date of receipt of the certified copy of the order, the same shall be decided in accordance with law by passing a speaking order and after affording an opportunity of hearing to the petitioners within a period of six months from the date of receipt of the representation. The petitioners shall be entitled to lead any evidence to substantiate their claim before the concerned authority.