Punjab-Haryana High Court
Ishwar Singh vs Haryana Shehri Vikas Pradhikaran And ... on 21 October, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:137379-DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision: 21.10.2024
1. CWP-2970-2022
Ishwar Singh ....Petitioner
Versus
Haryana Shehri Vikas Pradhikaran and Others ....Respondents
2. CWP-26835-2021
Parveen Kumar ....Petitioner
Versus
Haryana Shehri Vikas Pradhikaran and Others ....Respondents
3. CWP-5660-2022
Vijay Pal Singh Raghav .....Petitioner
Versus
State of Haryana and Others ....Respondents
4. CWP-5986-2022
Narwadi Devi and Others .....Petitioners
Versus
Haryana Shehri Vikas Pradhikaran and Others ....Respondents
5. CWP-6033-2022
Balraj Kumar .....Petitioner
Versus
Haryana Shehri Vikas Pradhikaran and Others ....Respondents
6. CWP-6692-2022
Satnam Singh .....Petitioner
Versus
Haryana Shehri Vikas Pradhikaran and Others ....Respondents
7. CWP-8194-2022
Surjit Kaur .....Petitioner
Versus
State of Haryana and Others ....Respondents
1 of 7
::: Downloaded on - 25-10-2024 06:50:53 :::
Neutral Citation No:=2024:PHHC:137379-DB
CWP-2970-2022 and connected matters -2-
8. CWP-14947-2022
Kishore Kumar .....Petitioner
Versus
State of Haryana and Others ....Respondents
9. CWP-14276-2022
Om Parkash .....Petitioner
Versus
State of Haryana and Others ....Respondents
10. CWP-14395-2022
Krishan Lal .....Petitioner
Versus
State of Haryana and Others ....Respondents
11. CWP-14397-2022
Janak Raj .....Petitioner
Versus
State of Haryana and Others ....Respondents
12. CWP-14399-2022
Charanjeet Goomber .....Petitioner
Versus
State of Haryana and Others ....Respondents
13. CWP-319-2023
Yogesh Kumar Sharma .....Petitioner
Versus
State of Haryana and Others ....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. P.R. Yadav, Advocate in CWP-2970-2022;
Mr. Nitish Bhatia, Advocate in CWP-14395, 14397, 14399,
14276 & 14947 of 2022.
Mr. Rajesh Bansal, Advocate and
Mr. Jaswant Singh, Advocate in CWP-6692-2022, 26835-2021
Mr. Ajay Jain, Advocate in CWP-5986, 6033, 8194, 319-2023
Ms. Indu Bala, Advocate for
2 of 7
::: Downloaded on - 25-10-2024 06:50:54 :::
Neutral Citation No:=2024:PHHC:137379-DB
CWP-2970-2022 and connected matters -3-
Mr. Aditya Jain, Advocate in CWP-5660-2022
for the petitioner(s).
Mr. Deepak Sabherwal, Advocate
for the respondents/HSVP in CWP-2970, 5660, 14947, 14276,
14395, 14397 and 14399 of 2022.
Mr. Deepak Sabherewal, Advocate and
Mr. Jatin Kaushal, Advocate for
Mr. Arvind Seth, Advocate for respondents/HSVP in CWP-319-2023,
CWP-6692-2022, CWP-26835-2021.
Mr. Ankur Mittal, Advocate and
Mr. Deepak Sabherwal, Advocate
Ms. Saanvi Singla, Advocate
for respondents/HSVP in CWP-8194-2022.
Mr. Deepak Sabherwal, Advocate and
Mrs. Vasundhra Asija, Advocate
Mr. P.S. Chauhan, Advocate
for respondents/HSVP in CWP-5986-2022 &
CWP-6033 of 2022.
****
VIKRAM AGGARWAL, J.
1. We intend to dispose of the afore-titled 13 writ petitions by way of a
common judgment/order, for the issue involved in all the writ petitions is the
same.
2. The land of the petitioner/s was acquired for different public purposes
in Rewari, Panipat, Gurugram, Hisar and Panchkula. Being oustees/erstwhile land
owners, the petitioner/s seek allotment of a plot/s in terms of their entitlement
under the relevant policy issued from time to time. In most of the cases, the
petitioner/s had not submitted any application in pursuance of the advertisement
issued for allotment of plots to the oustees except in five cases i.e., CWP
Nos.14947, 14276, 14395, 14397 and 14399 of 2022 wherein the petitioner/s had
applied pursuant to advertisement issued for allotment of plots in Sector-2,
Panchkula. Further in some of the cases, certain amount was deposited and was
refunded whereas in other cases, the amount deposited was not refunded.
3 of 7
Neutral Citation No:=2024:PHHC:137379-DB
CWP-2970-2022 and connected matters -4-
3. For convenience, the details as regards whether the petitioner/s had
applied and whether they had deposited some amount and further whether the said
amount had been refunded or not is depicted in the following table:-
Sr.No. CWP No. District Whether the Earnest Status of
petitioner/s had money refund
applied deposited
pursuant to an
advertisement
1. 2970/2022 titled as Rewari No 50000 Not
Ishwar Singh Vs. refunded
Haryana Shehri
Vikas Pradhikaran
and Others
2 26835/2021 titled as Panipat No 50000 Refunded
Parveen Kumar Vs.
Haryana
Shehri Vikas
Pradhikaran and
Others
3. 5660/22 titled as EO II No Not NA
Vijay Pal Singh Gurugram deposited
Raghav Vs. State of
Haryana and others
4. 5986/2022 titled as Hisar No 50000 Refunded
Narwadi Devi and
Others Vs. Haryana
Shehri Vikas
Pradhikaran and
Others
5. 6033/2022 titled as Hisar No Not NA
Balraj Kumar Vs. deposited
Haryana Shehri
Vikas Pradhikaran
and Others
6. 6692/2022 titled as Panipat No Not NA
Satnam Singh Vs. deposited
Haryana Shehri
Vikas Pradhikaran
and Others
7. 8194/2022 titled as Hisar No Not NA
Hisar as Surjit Kaur deposited
Vs. State of Haryana
and others
8. 14947/2022 titled as Panchkula Yes 50000 Not
Kishore Kumar Vs. refunded
State of Haryana and
others
9. 14276/2022 titled as Panchkula Yes 50000 Not
Om Parkash Vs. refunded
State of Haryana and
others
10. 14395/2022 titled as Panchkula Yes 50000 Not
Krishan Lal Vs. refunded
4 of 7
Neutral Citation No:=2024:PHHC:137379-DB
CWP-2970-2022 and connected matters -5-
State of Haryana and
others
11. 14397/2022 titled as Panchkula Yes 50000 Not
Janak Raj Vs. State refunded
of Haryana and
others
12. 14399/2022 titled as Panchkula Yes 50000 Not
Charanjeet refunded
Goomber Vs. State
of Haryana and
others
13. 319/2023 titled as Hisar No 50000 Refunded
Yogesh Kumar
Sharma Vs. State
of Haryana and
others
4. We have heard learned counsel for the parties.
5. It has been submitted by learned counsel representing the petitioner/s
that despite the land of the petitioner/s having been acquired long back, they have
yet not been allotted any plot under the oustees quota. Certain legal
representatives had also been non-suited on the ground that only the original
owners were eligible for allotment. It has further been submitted that till date, the
exercise for identifying as to how many plots under the oustees quota are still
available across the State of Haryana has not been carried out. Learned counsel
further submitted that the amount deposited by the petitioner/s has not been
refunded. It has further been submitted that no advertisement for allotment of
plots in terms of the policies has been issued and that the respondents cannot
simply submit that as and when an advertisement is issued, the petitioners would
be entitled to apply. Learned counsel have also expressed an apprehension that the
plots meant for oustees shall be allotted by way of public auction to the general
public and eventually, no plot shall remain for the oustees.
6. Sh. Deepak Sabherwal, learned counsel representing the HSVP, on
instructions, submits that no plot earmarked for oustees quota is being or shall be
allotted to the general public by way of auction or otherwise. He further submits
5 of 7
Neutral Citation No:=2024:PHHC:137379-DB
CWP-2970-2022 and connected matters -6-
that in the very first meeting to be presided over by the Chairman of HSVP, an
agenda as regard issuing an advertisement for oustees quota plots shall be
included and a decision thereon is likely to be taken. He further submits that the
exercise to determine the number of plots available under the oustees quota shall
also be carried out forthwith and shall be completed within a period of four weeks.
Learned counsel submits that after the exercise is carried out, an advertisement for
allotment of oustees quota plots shall be issued in the near future, pursuant to
which the petitioners can apply and their claim shall be considered as per the
Policy dated 11.08.2016, subsequently amended on 08.05.2018.
7. It has also been submitted that as regards Panchkula, the petitioner/s
in CWP-14947, 14276, 14395, 14397 and 14399 of 2022 had applied pursuant to
advertisement issued for allotment of plots in Sector-2, Panchkula, whereas their
land, which had been acquired, falls in Sector-1, Mata Mansa Devi Complex,
Panchkula and that they would have to apply whenever an advertisement is issued
in terms of the Policies (ibid) as regards Mansa Devi Complex.
8. As regards the issue of refund, it has been submitted that the bank
details shall have to be furnished by the petitioner/s in CWP Nos. 2970, 14947,
14276, 14395, 14397 and 14399 of 2022 and upon receipt of the said details, the
refund of the amount deposited along with interest @ 5.5% from the date of
deposit till payment shall be made within a period of two weeks.
9. Learned counsel for the petitioners are agreeable to the course
suggested by learned counsel for HSVP and fairly submit that the writ petitions be
disposed of in terms of the statement given by him in Court today.
10. In view of the aforesaid, all the 13 writ petitions titled above are
disposed of in terms of the statements given by learned counsel for the parties
binding them to the same.
6 of 7
Neutral Citation No:=2024:PHHC:137379-DB
CWP-2970-2022 and connected matters -7-
This Court is sanguine that the authorities concerned shall take up the
matter in the right earnest and sticking to the time-lime referred to in the
preceding paragraphs on the basis of the statement given by learned counsel for
HSVP, shall take effective steps for the redressal of the grievances of the
petitioner/s and other similarly situated persons.
(ARUN PALLI) (VIKRAM AGGARWAL)
JUDGE JUDGE
21.10.2024
Rekha
Whether speaking/reasoned : Yes/No.
Whether reportable : Yes/No.
7 of 7
