Punjab-Haryana High Court
Shishu Pal And Ors vs The Haryana Shahari Vikas Pradhikaran ... on 21 March, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:041421-DB
CWP-6595-2024 -1- 2024:PHHC:041421-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-6595-2024
Date of decision: 21.03.2024
Shishu Pal and others ....Petitioners
Versus
Haryana Shehri Vikas Pradhikaran and others ....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Abhinav Aggarwal, Advocate, for the petitioners.
ARUN PALLI, J. (Oral)
The petitioners have prayed for the following substantive
relief:-
"Petition under Articles 226 and 227 of the Constitution
of India for issuance of a writ, order or direction, calling for
the record of the case and after perusal of the same for:-
i) Issue a writ in the nature of mandamus by
directing the respondent no.1 Chief Administrator,
H.S.V.P. to provide alternative site to the petitioners at
Balmiki Basti in view of undertaking given by the
respondent no.1 before this Hon'ble Court order
21.11.2012 (Annexure P-3) as was passed in CWP
No.1445 of 2011 titled as "Resident Welfare Association
Vs HUDA & others" as was disposed of on the basis of
the undertaking given by respondent no.1 Administrator,
HUDA, Panchkula that alternative site for illegal
occupants on public land was identified & respondent
no.1 will shift 300 occupants to that proper place within
3 years. But inspite of having alternative site for the
petitioners, Till date, petitioners are not being shifted to
that proper place. And in view of Hon'ble Supreme
Court judgment passed in State of Karnataka Vs.
Narasimhamurthy Civil Appeal No.7401 of 1995
(Arisinsgn out of SLP (C) No. 8958 of 1986). D/d
11.8.1995.
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Alternatively prayed for issuance a writ in the nature of
mandamus by directing the respondent no.1 Chief
Administrator, H.S.V.P. to allot the 3 plots to the
petitioners from 21 left out plots out of total 259 plots of
Economic Weaker Section 2 Marla category in Sector-
16, Karnal, on some prevailing economical price as
published in respondent no.1 Chief Administrator,
H.S.V.P. Scheme/advertisement (Annexure P-6) & in
view of undertaking given by the respondent no.1 before
this Hon'ble Court order 21.11.2012 (Annexure P-3).
Further Alternatively prayed for issuance a writ in the
nature of mandamus by directing the respondent
department authorities to grant an opportunity to the
petitioners of Balmiki Basti to take 3 plots, from 21 left
out plots out of total 259 plots of Economic Weaker
Section 2 Marla category in Sector-16, Karnal, on some
prevailing economical price as published in respondent
no.1 Chief Administrator, H.S.V.P. scheme/
advertisement (Annexure P-6) & in view of undertaking
given by the respondent no.1 before this Hon'ble Court
order 21.11.2012 (Annexure P-3)
ii) Further prayed that qua to petitioners
respondents may kindly be restrained from taking any
coercive action, and Hon'ble Contempt Court in COCP
No. 456 of 2016 titled as "Resident Welfare Association
vs. Sanjeev Verma, Administrator HUDA, Panchkula"
may kindly be directed to fix the date beyond dated fixed
before this Hon'ble Court, as above contempt petition is
pending for 03.04.2024, during the pendency of the
present case before this Hon'ble Court, in the interest of
justice."
Learned counsel for the petitioners submits that prior to the
institution of this petition, the petitioners had even served the respondent
authorities with a representation dated 13.03.2024 (P-10). However, even
though a considerable time has elapsed, the matter has not made any
tangible progress. Thus, interest/rights of the petitioners are severely
impacted.
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Served with the advance copy of the petition, Mr. Deepak
Sabherwal, Advocate, for the respondent-HSVP, is present in Court. At
the outset, he submits that as the competent authority is already in seisin
of the concerns/grievances of the petitioners, it would rather be expedient
if this petition is disposed of, at this stage, to enable the respondent
authorities to consider and pass necessary orders on their representation
(ibid), in accordance with law. Further, he submits that before any such
orders are passed, the petitioners shall be heard. And a formal
communication, in this regard, shall also be issued to them.
Learned counsel for the petitioners is in agreement with the
course suggested by learned counsel for the respondent-HSVP, and
submits that let this petition be disposed of, in terms of the statement
made by him. However, it is urged that the authorities be directed to take
a final decision in the matter, within a specified time.
In response, learned counsel for the respondent-HSVP
submits that appropriate orders shall be passed within a period of eight
weeks from today.
The petition is accordingly disposed of, in terms of the
statements made by learned counsel for the parties.
This Court is sanguine that the authorities shall look into the
matter in the right earnest. And the appropriate orders shall be passed
within the time indicated by the learned counsel for the respondent-
HSVP.
Needless to assert that this order shall not constitute any
expression of opinion on the merits of the case of either party, for, as
indicated above, the competent authority shall examine the
concerns/grievances of the petitioners, strictly in accordance with law.
(ARUN PALLI)
JUDGE
(VIKRAM AGGARWAL)
JUDGE
21.03.2024
Ak Sharma
Whether speaking/reasoned Yes
Whether reportable Yes/No
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