NEW INDIA PUBLIC SCHOOL Vs. HUDA

JUDGEMENT

(1.) In SLPs except SLP Nos. 12720-23/96.

(2.) Shri P. P. Rao Shri Gopal Subramaniam, learned senior counsel appearing for the petitioners and Shri Arun Jaitley, learned senior counsel appearing for the HUDA contended that the HUDA had laid the criteria for allotment of the sites; invited applications, prescribed the pre-conditions for compliance laid down therein; a Committee was constituted to go into the credentials of the applicants; and after close scrutiny of those applications the HUDA had allotted these sites to the petitioners in total to 11 applicants. Therefore, the procedure adopted by the HUDA cannot be found fault with. Shri Rao and Gopal Subramaniam further contended that allotment by auction is not the only criteria provided in Section 15 of the Haryana Urban Development Authority Act, 1977 (for short, the "Act"). The Haryana Urban development (Disposal of Land and Buildings) Regulations, 1978 (for short, the Regulations) do indicate the provision for allotment by modes other than public auction. Proviso to regulation 5(3) itself gives power for allotment to groups or individuals or persons practicing any profession or carrying on any occupation, trade or business or for any such categories of persons or government department or institution or charitable institutions or other organisations for public welfare as may be decided by the authority from time to time. Therefore, the Division Bench was not right in its conclusion that allotment by public auction is the only mode of allotment.

(3.) It is also further contended that pending writ petitions the petitioners have constructed the buildings at a huge cost. Compliance of the directions of the Division Bench would put them to great disadvantage and that, therefore, the relief should be suitably moulded. Having given consideration to the respective contentions, we think that the directions issued by the Division Bench broadly cannot be found fault with. It is seen that Section 15 of the Act gives power to the authority for disposal of the land as under: