LAWS(SC)-2009-1-80

RAJ DULARI Vs. STATE OF HARYANA

Decided On January 30, 2009
RAJ DULARI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellant while working as a Superintendent in the office of the Advocate-General, Haryana made applications for allotment of a plot under the Government employees quota in Sector 25, Panchkula and for allotment of a plot under the general category in Sector 26, Panchkula. The haryana Urban Development Authority (HUDA), by letter dated 14. 11. 1994 informed her that she had been selected for allotment of Plot No. 817 in Sector 26 under the general category in the draw of lots held on 31. 10. 1994. HUDA also selected her for allotment of a plot (No. 946 in Sector 25)under the Government employees quota.

(3.) ONE of the requirements for confirmation of allotment of plots under the Government employees quota was production of an Integrity Certificate from the employer within 90 days from the date of allotment (vide clause 10 (iii) of the Allotment Brochure ). As a criminal case was pending against the appellant, she could not get the integrity Certificate within 90 days. She obtained the integrity Certificate only on 4. 8. 2000, after the conclusion of the criminal proceedings and submitted it to huda on 21. 8. 2000. As allotment of Plot No. 946 was not confirmed even thereafter, she approached the High Court for relief in Civil Writ Petition No. 11208 of 2003. The high Court dismissed the writ petition on the ground that the appellant, not having produced the Integrity certificate within 90 days from the date of allotment, was not entitled to the plot. The said order is under challenge in this appeal by special leave.