Rajesh vs Huda And Anr
2023 Latest Caselaw 20196 P&H

Punjab-Haryana High Court

Rajesh vs Huda And Anr on 21 November, 2023

Author: Arun Palli

Bench: Arun Palli

                                                                 Neutral Citation No:=




      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH


119                                           EA-28-2023 in
                                              CWP No.22304 of 2010
                                              Date of decision: 21.11.2023

Rajesh                                                    ....Petitioner

                           V/s
Haryana Urban Development Authority and another           ....Respondents

CORAM: HON'BLE MR. JUSTICE ARUN PALLI
       HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:     Mr. Harish Bhardwaj, Advocate, for the applicant-petitioner.
             Mr. Ankur Mittal, Advocate, for the respondents
             *****

ARUN PALLI, J. (Oral)

Concededly, the land owned by the petitioner and other

co-sharers was acquired for development of Sector 40, Panipat. It is not

disputed either that vide memo dated 01.05.2007, a common plot No.9,

Sector 40, Panipat, was allotted to all the co-sharers, in lieu of the

acquisition of their holding.

The limited grievance that the petitioner has is: as per the share

of the petitioner in the joint khata, and the policy of the State Government,

he was individually eligible and entitled for allotment of a separate site.

Accordingly, he repeatedly represented to the authorities to delete the names

of other co-sharers from the letter of allotment.

For, his concerns were not addressed by the respondents, he was

constrained to approach this Court vide CWP-22304-2010, which was

disposed of by a coordinate Bench vide order and judgment dated April 26,

2012, in terms of the decision of this Court rendered in CWP-10941-2010

(Bhagwan Singh & others v. State of Haryana and others):

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Neutral Citation No:=

"... It is contended that in terms of judgment passed by Full Bench of this Court in Jarnail Singh & others Vs. State of Punjab & others AIR 2011 P&H 1, the policy adopted by Haryana Urban Development Authority (for short 'the HUDA') contemplating that the co-sharers shall be given one plot jointly is not sustainable and that each of the co-sharer is entitled for consideration for allotment of plot keeping in view his land holding.

In view of the judgment of Full Bench in Jarnail Singh's case (supra) dealing with the rights of the co- sharers, each of the co-sharer is entitled to a plot of a size keeping in view his land holding. The rights of the oustees for allotment of a plot has been discussed by this Court in LPA No.2096 of 2011 titled "Haryana Urban Development Authority & others Vs. Sandeep & others" decided on 25.04.2012.

Consequently, the present petition as well as other connected petitions stand disposed of with a direction to the respondents to consider the claim of each of the co-sharer for allotment of a plot keeping in view his holding and in accordance with the principles of law laid down in Sandeep's case (supra)."

Learned counsel for the applicant-petitioner submits that two

other landowners, who were similarly placed, had approached this Court

vide EA-4-2022 in CWP-4865-2011 and EA-5-2022 in CWP-4871-2011,

which were disposed of vide a common order dated September 7, 2022,

directing the respondents to consider their claims and pass a speaking order.

It is urged that the petitioner had even served the respondents with a legal

notice dated April 19, 2023 (A-10). But the matter has not made any tangible

progress.

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Served with the advance copy of the application, Mr. Ankur

Mittal, Advocate, for the respondents is present in Court and submits that as

the authorities are in seisin of the dispute, it shall be expedient if the matter

is disposed of, at this stage, to enable them to revisit the issue and pass

appropriate orders in accordance with law.

Learned counsel for the applicant-petitioner is in agreement

with the course suggested by learned counsel for the respondents and

submits that let the application be disposed of in terms of his statement.

Accordingly, the application is disposed of in terms of the

statements made by learned counsel for the parties.

This Court is sanguine that the competent authority shall look

into the grievances/concerns of the petitioner in the right earnest and pass

appropriate orders, as undertaken by learned counsel for the respondents,

within a period of four weeks from today.

(ARUN PALLI) JUDGE

(VIKRAM AGGARWAL) JUDGE November 21, 2023 vcgarg/rajan

Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

Neutral Citation No:=

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