SURENDER Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THE instant petition has been filed in public interest with a prayer for quashing allotment of plots to persons of Below Poverty Line (BPL) in the list dated 1.2.2008 (P -3), alleging that those persons were not eligible for various reasons.

(2.) A prayer for issuance of direction to the respondents to implement the policy dated 1.2.2008 (P -1) in letter and spirit has also been made. At the outset we asked the Learned Counsel to show which one of the allotment would suffer from in -eligibility or other illegality. Mr. Ashok Tyagi, Learned Counsel for the petitioner has made a reference to the survey report of the year 2007 (P -2) in respect of village Babupur, Panchayat Sarai Allawardi. It is conceded as a fact that the policy for allotment of plots carved out of the common purposes land (Shamlat Deh) was finalised on 1.2.2008 (P -1) and the allotment was to be confined to the members of the families of Scheduled Castes. We are unable to appreciate that how the survey of persons living below poverty line in the year 2007 would be relevant for implementation of the Scheme, dated 1.2.2008 (P -1). According to Clause (i) survey conducted by the Rural Development Department during the year 2007 alone was relevant for the purpose of identifying family as unit. The BPL List of persons of 2007 is totally irrelevant (P -2). The Scheme does not impose any limit that the plot is to be allotted only to person who holds BPL card. It would, therefore, be appropriate to advert to the following conditions which are required to be fulfilled by an applicant:

(3.) IN none of the aforesaid clauses there is a condition imposed for allotment of plots only to those who are BPL card holder. In fact, in accordance with condition No. (ii), the income of the poor families of other castes excluding the Scheduled Caste, has been fixed at Rs.45,000/ - . It is further appropriate to mention that the constitutional validity of the Scheme was challenged before this Court and the same was upheld vide judgment dated 8.1.2010 rendered in LPA No. 1322 of 2009 (Gurmukh Singh v. State of Haryana and others).