Punjab-Haryana High Court
Brahmjit Singh And Ors vs Haryana State Industrial And ... on 24 September, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:128463-DB
IN
N THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM
CM-7396-CWP-2022 in/and
CWP
CWP-11981-2021
Date of decision: 24.09.2024.
Brahmjit Singh and others
....Petitioners
Versus
Haryana State Industrial and Infrastructure Corporation Limited and
another
....Respondents
AND
CWP No.5898 of 2023
Narender
----Petitioner
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Rajinder Singh Malik, Advocate
for the applicants/petitioners (in CM
CM-7393-CWP-2022 &
CM
CM-7396-CWP-2022 in CWP No. 11981 of 2021).
Mr. Kanwar Abhay Singh, Advocate
for the petitioner (in CWP No. 5898 of 2023).
Mr. Ankur Mittal, Addl.AG., Haryana
and
nd Ms. Kushaldeep Kaur, Advocate
for the respondent-State.
Mr. Pravindra
P Singh Chauhan, Advocate
for
or respondent-HSIIDC
respondent in CWP-11981
11981-2021.
***
VIKRAM AGGARWAL,
AGGARWAL J.
CM-7393-CWP
CWP-2022 in CWP No. 11981 of 2021
For the reasons mentioned in the application, the same is
allowed. Annexure A-1
A is taken on record.
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CM-7396-CWP-2022 in CWP No. 11981 of 2021
The instant application seeks recalling/modification of the order
dated 07.07.2021 vide which, on a statement having been given by the then
Additional General, Haryana, the writ petition had been disposed of.
It has been averred in the application that the writ petition was
disposed of on a statement given by the respondents that no application had
been invited for allotment of industrial plots under the R&R Policy of the
State of Haryana whereas, subsequent to the disposal of the writ petition,
information sought by the applicants/petitioners under RTI reveals that 2000
applications had been received and were pending with the respondents which
included applications for allotment of industrial plots. The communication
dated 21.09.2021 vide which this information was received has been placed
on record as Annexure A-1. It is under these circumstances that
recalling/modification of the order dated 07.07.2021 is being sought.
The application has been opposed by learned counsel for the
non-applicants/respondents by way of a reply wherein it is maintained that
no applications had been invited for allotment of industrial plots under R&R
Policy of the State of Haryana. It has also been averred that advertisement
for allotment of industrial plots under the R&R Policy dated 09.11.2010 was
published in August 2017 with closing date of 30.09.2017 and, thereafter, in
June 2018 with closing date of 30.09.2018. It has also been averred that
applications from the interested oustees had been received and has been
processed but the petitioners had not applied against the said advertisement.
It has also been averred that after 30.09.2018, no advertisement had been
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CM-7396-CWP-2022 in/and
CWP-11981-2021 and connected matter -3-
published for allotment of industrial plots. The dismissal of the application
has accordingly been prayed for.
We have heard learned counsel for the parties.
Learned counsel representing the respondents fairly submits
that to put at rest all doubts in the minds of the petitioners, it would be
appropriate if the application is allowed, the order dated 07.07.2021 is
recalled and the matter is heard on merits.
For the reasons mentioned in the application and in view of the
statement given by learned counsel for respondents-HSIIDC, the application
is allowed. The order dated 07.07.2021 is recalled and that writ is restored to
its original number.
CWP No.11981 of 2021 & CWP No.5898 of 2023
1. For the issues arising in both the writ petitions are identical and
vide order dated 24.03.2023 passed in CWP No.5898 of 2023, it had been
ordered to be listed along with CWP No.11981 of 2021, the same are being
decided by way of a common judgment/order. The facts are being derived
from CWP No.11981 of 2021.
2. The petitioners pray for the issuance of a writ of certiorari
quashing the order dated 24.03.2021 vide which the request/representation
for allotment of industrial plots at IMT, Kharkhoda, under the R&R Policy
issued by the State of Haryana had been rejected. A mandamus is also
prayed for directing the respondents for allotting industrial plot/s to the
petitioners under the said scheme and Notification dated 09.11.2010
(Annexure P-4).
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3. The basic case of the petitioners is that they were owners of
land (fully described in the writ petition) which had been acquired by the
respondent-Corporation for development of Industrial Model Township at
Kharkhoda.
4. A notification dated 09.11.2010 (Annexure P-4) was issued by
the Government of Haryana for allotment of industrial sites to the land-
owners. As per Clause 9 of the said notification, where 75% of land holding
of a land owner/ co-sharer measuring 1 acre or above had been acquired
thereby substantially impacting his means of subsistence, developed/
commercial/ industrial sites would be reserved and allotted to such land-
owners as per criteria.
5. It is the further case of the petitioners that though for
residential plots, the date for submission of applications had been extended
but for industrial/commercial plots, the same had not been extended and no
opportunity had been given to the petitioners and other similarly situated
persons to apply for allotment of plots. It is also the grievance of the
petitioners that they had never been informed regarding the said policy by
the concerned office or by way of any public notice and in this regard a
representation dated 25.02.2021 (Annexure P-6) had also been submitted.
Reference has also been made to various communications.
6. It has been averred that on 24.03.2021, the representation had
been rejected on the ground that no applications had been invited for
allotment of industrial plots under the R&R Policy and that under the
circumstances, the request/representation (Annexures P-12 to P-14) of the
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petitioners could not be accepted. It is under these circumstances, that the
instant writ petitions have been preferred.
7. We have heard learned counsel for the parties.
8. Learned counsel representing the petitioners submit that the
petitioners being land-owners, whose land had been acquired for the
development of IMT, Kharkhoda deserve to be allotted industrial plots under
the R&R Policy (Annexure P-4). Learned counsel submits that upon
information having been obtained under the Right to Information Act, it has
been revealed that about 2000 applications are already pending with the
respondents and that the petitioners should also be permitted to apply for the
allotment of industrial plots.
9. Per contra, learned counsel representing the respondents-
HSIIDC submits that an advertisement had been issued on 13.06.2018 for
which the last date for submission of the applications was 30.09.2018 and
in-fact even prior thereto, advertisement had been issued in August, 2017
wherein the last date for submission of applications was 30.09.2017. He
further submits that thereafter, no advertisement was issued qua industrial
plots and in the year 2021, an advertisement was issued only qua residential
plots. He further submits that an advertisement for allotment of industrial
plots under the R&R Policy is likely to be issued in the coming months and
that it would be open for the petitioners to apply under the said
advertisement and upon applications being received, the claims of all
applicants shall be considered as per their eligibility and as per the terms and
conditions of the policy. He submits that even if certain applications are
pending with the respondents, the same are pursuant to the advertisements
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issued in the year 2017 and 2018 where after no fresh advertisement has
been issued and, therefore, the statement made by the State counsel on
07.07.2021 was not erroneous.
10. Learned counsel for the petitioners are in agreement with the
statement given by learned counsel representing the respondents that the
petitioners can move their applications as and when an advertisement is
issued and their claims shall be considered as per their eligibility and as per
the terms and conditions of the Policy.
11. Learned counsel for the parties are, therefore, are ad idem that
the writ petitions be disposed of in terms of the statements made by learned
counsel for the parties in Court. Ordered accordingly.
This Court is sanguine that the respondents, in terms of the
statement made in court today shall issue an advertisement as expeditiously
as possible for allotment of industrial/commercial plots under the R&R
Policy and shall deal with the claims of all applicants in accordance with
law.
(ARUN PALLI) (VIKRAM AGGARWAL)
JUDGE JUDGE
September 24, 2024
Rekha
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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