Punjab-Haryana High Court
Aakash vs State Of Haryana And Others on 24 September, 2024
Author: Arun Palli
Bench: Arun Palli
Neutral Citation No:=2024:PHHC:128637-DB
IN
N THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CM-15006
15006-CWP-2023,
CM-5783
783-CWP of 2023 in/and
CWP-27907907 of 2022
Date of decision: 24.09.2024.
Aakash
....Petitioner
Versus
State of Haryana and others
....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Kanwar Abhay Singh, Advocate
for applicant-petitioner (in CM-5783
5783-CWP of 2023) and
non
non-applicant in CM-15006-CWP-2023.
2023.
Mr. Ankur Mittal, Advocate for
applicant/respondents No.2 to 5 in CM
CM-15006-CWP-2023 and
non
non-applicant/petitioner in CM-5783
83-CWP-2023.
Mr. Ankur Mittal, Addl.AG., Haryana
and Ms. Kushaldeep Kaur, Advocate.
***
VIKRAM AGGARWAL,
AGGARWAL J.
CM-15006-CWP
CWP-2023 & 5783-CWP
27907 of 2022
CM
CM-15006 has been moved under Section 151 of the Code of
Civil Procedure (for short
short 'CPC') by applicant
applicant-respondent No.2 (HSIIDC)
for clarification/ modification of judgment dated 05.12.2022, vide which the
writ petition was disposed of to the effect that the statement made on behalf
of the applicants-respondents
applicants respondents be read to mean that on the date when the
statement was given, there were no applications invited for allotment of
plots under the R&R Policy with respect to IMT Kharkhoda. CM
CM-5783 has
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Neutral Citation No:=2024:PHHC:128637-DB
CM-15006-CWP-2023,
CM-5783-CWP of 2023 in/and
been moved by the applicant/petitioner for recalling of the aforesaid
judgment on the ground that the statement given by the State counsel was
incorrect.
It has been averred that the writ petition had been disposed of
on 05.12.2022 on the statement made by learned counsel for the applicants-
respondents that no applications had been invited for allotment of plots
under the R&R Policy and that as and when the applications are invited and
the petitioner applies in response to the same, his case would be considered
in accordance with law.
Learned counsel for the parties are ad idem that for proper
adjudication of the matter, the order/judgment dated 05.12.2022 be recalled.
For the reasons mentioned in the applications and in view of the
statements given by learned counsel for the parties, order/judgment dated
05.12.2022 is recalled and writ petition is restored to its original number.
Applications are accordingly disposed of.
1. The petitioner has prayed for the following substantive relief:-
"Civil Writ Petition under Article 226 of the Constitution
of India with a prayer for issuance of writ in the nature of
mandamus directing the respondents to comply with the R&R
policy dated 09.11.2010 (Annexure P-5), allot the residential as
well as industrial/ commercial plot to the petitioner, as per his
entitlement
And
Further prayer for issuance of writ in the nature of
mandamus directing respondents to disclose the details of
current applications under form 6 qua allotment of Industrial
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CM-15006-CWP-2023,
CM-5783-CWP of 2023 in/and
plot, accepted by the respondents till date and further furnish
the tentative list of allottees being prepared by
the respondents in this regard, if any;
And
Further prayer for issuance of writ in the nature of
mandamus directing respondents to disclose the details of the
total number of commercial site or industrial plots being carved
out in the revised layout plan dated 08.08.2013
for the land acquired by the respondent;
Or
Issuance of a writ in the nature of mandamus, directing
the respondents to inform/intimate the petitioner, as and when,
the applications under FORM 6 are invited, (if at all necessary),
so as to enable the Petitioner to apply for allotment of industrial
plot/commercial site, and the same to be considered
expeditiously by the Respondents.
And
Any other writ order or direction which this
Hon'ble Court may deem fit and appropriate
may please be granted in favour of the petitioner in the facts
and circumstances of the present case.
2. At the outset, learned counsel for the respondents submits that
at the time of disposal of the writ petition, no advertisement had been issued
for allotment of plots under the R&R Policy and that an advertisement for
allotment of plots (residential/commercial) under the R&R Policy with
respect to IMT Kharkhoda, is likely to be issued in the coming months. He
submits that it would be open for the petitioner to apply under the said
advertisement and upon applications being received, the claim of the
applicant shall be considered as per his eligibility and as per the terms and
conditions of the policy. He submits that even if certain applications are
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CM-15006-CWP-2023,
CM-5783-CWP of 2023 in/and
pending with the respondents, the same are pursuant to the advertisements
issued in the year 2017 and 2018 where after no fresh advertisement had
been issued and, therefore, the statement made by the State counsel on
07.07.2021 was not erroneous.
3. Learned counsel for the petitioner is in agreement with the
statement given by learned counsel representing the respondents that the
petitioner can move his application as and when an advertisement is issued
and that his claim shall be considered as per eligibility and as per the terms
and conditions of the Policy.
4. Learned counsel for the parties, 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 residential/industrial/commercial plots under the
R&R Policy and shall deal with the claims of the applicant 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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