HARSH DHINGRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted in all SLPs.

(2.) These appeals are directed against an order made on 21st March, 1997 in a batch of cases wherein the scope of Section 30 of the Haryana Urban Development Authority Act, 1977 came up for consideration. The High Court of Punjab and Haryana held that the Government can make reservation of plots while making development of the urban estates but that power is not limited. However, the argument that the absolute power could vest in the Chief Minister in allotment of plots according to his discretion and choice and such discretion is immune from judicial scrutiny is rejected and the High Court stated that the distinguished and needy people in all walks of life can be granted land only on the basis of some guidelines and indicated that the Government of Haryana may frame appropriate policy for allotment of plots to specified class of persons and notify such policy and allotment under such policy should be made by inviting applications through public notice from all those who belong to a particular class. However, in respect of certain allotments that had already been made the High Court indicated that certain class of persons such as those who are bona fide purchasers who had constructed houses and other buildings, original allottees who had constructed buildings after permission from HUDA, members of the armed forces, police personnel who fought against terrorism, civilians who were affected by the terrorists activities and allottees of plots to whom small extends have been granted and the High Court gave certain directions in that regard. This decision is reported in Anil Sabharwal vs. State of Haryana, 1997 (116) Pun L R 7.

(3.) On an earlier occasion, a Division Bench of the High Court of Punjab and Haryana in S. R. Dass vs. State of Haryana, 1988 Pun L J 123, examined an identical question and formulated certain principles on which such allotments could be made with certain conditions and that order was made on 20th January, 1988. For nearly a decade, the decisions were taken by the Government of Haryana in terms of the decision in S. R. Dass's case referred to above. An argument was submitted before the High Court that in view of this particular feature of this case that the matter had been earlier judicially considered and certain guidelines were given to the Government in the matter of making discretionary allotment to an extent of 5 per cent and that new principles have been set out in Anil Sabharwal's case (1997 (116) Pun L R 7) and, therefore, the submission was made before the High Court that the decision should be made effective prospectively. The High Court, however, found no good reason to hold the allotments made by respondent No. 3 in the case under the discretionary quota should be remained undisturbed. The High Court also stated that the doctrine of prospective overruling cannot be applied because such power can be invoked only by this Court and not by the High Court.