BHAGWANTI Vs. HUDA

JUDGEMENT

(1.) ON June 26, 1989, the State of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894 (in short to be called "the Act") for the development and extension of Panchkula. On June 25, 1990, the notification under Section 6 of the Act was issued. On Julie 17, 1992, the Land Acquisition Collector had given the award. After a lapse of more than six years of the issue of the notification under Section 6 of the Act and after more than four years of the award of the Land Acquisition Collector, the petitioners made an application to the Haryana Urban Development Authority for allotment of a one kanal plot. The respondents having not made any allotment, the petitioners approached this Court through the present writ petition. They allege that the action of the respondents is violative of the Instructions issued Memorandum dated March 18, 1992, a copy of which has been produced as Annexure P5 with the writ petition. On this basis, the petitioners pray for the issue of a writ of mandamus, directing the respondents to allot a residential plot in accordance with the Instructions of the Authority.

(2.) THE respondents have filed a written statement, contesting the claim of the petitioners. It has been inter alia pleaded that the cause of action had arisen to the petitioners when the land was acquired and later on when the Sectors were floated in the year 1993-94. Since the petitioners had applied in November, 1996, the claim was highly belated and could not, thus, be entertained.

(3.) AN application. viz. Civil Miscellaneous No. 27121 of 1999 was filed. It was inter alia averred that the counsel could not appear. Therefore, it was prayed that the order be recalled. The Bench recalled the order. Thus, the matter has now been listed before us.