DAULAT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner Daulat Ram, a physically handicapped person, has filed the instant petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 30.3.2001 (Annexure P-6), passed by the Estate Officer, HUDA, Panipat, whereby allotment of the plot in question to the petitioner was cancelled; and order dated 21.1.2008 (Annexure P-19), whereby the Commissioner & Secretary to Government Haryana, Town and Country Planning Department, has dismissed the appeal filed by the petitioner against the aforesaid order.

(2.) In this case, the Haryana Urban Development Authority (hereinafter referred to as 'the HUDA') issued advertisement for allotment of free hold plots in Sector 24, Panipat, for various categories. Against the said advertisement, the petitioner applied for 6 Maria plot in the category of 'physically handicapped' on 2.12.1999. With the application form, he tendered 10% amount, i.e. Rs. 33,568/-, as earnest money.

(3.) It is the case of the petitioner that in the draw of lots held by the respondents, he was declared successful and 6 Maria residential plot, bearing plot No. 857 was allotted to him in Sector 24, Panipat, on 1.9.2000. But he was not made aware of the result of draw of lots. The petitioner was neither informed by the HUDA regarding the allotment of the said plot to him nor any allotment letter was sent to him, but later on, when he received a letter from a property dealer that he had been allotted a plot in Sector 24, Panipat, he came to know about the said allotment. Immediately thereafter, the petitioner approached the Estate Officer, HUDA, Panipat (respondent No.3), but he was not listened and thereafter, on 12.2.2001, he approached the Chief Administrator, HUDA, Panchkula (respondent No.2) for issuance of the allotment letter and to permit him to deposit 15% amount. The said application was forwarded by respondent No.2 to respondent No.3. Vide order dated 30.3.2001 (Annexure P-6), respondent No.3 cancelled the allotment of plot No. 857 in favour of the petitioner and forfeited the earnest money. Feeling aggrieved against the said order the petitioner filed an appeal before the Commissioner & Secretary to Government Haryana, Town and Country Planning Department, which has been dismissed vide order dated 21.1.2008.