OM PARKASH Vs. HARYANA URBAN DEVELOPMENT AUTHORITY ETC.

JUDGEMENT

(1.) THE Petitioner is ex -serviceman and has retired from Indian Army in the rank of Lance Naik. An advertisement was issued for holding draw for allotment of freehold residential plot in Sector 28, Panchkula, where 8% of the plots were reserved for ex -serviceman/defence personnel of domicile of Haryana State. The Petitioner applied for one plot and was successful in draw. He deposited 10% amount of total cost of the plot on being successful in the draw of lots. The Petitioner was allotted 10 marla, plot No. 2194 in Sector 28, Panchkula. This fact came to his knowledge from the Punjab National Bank through whom the Petitioner had made an application for allotment. The Petitioner, accordingly, moved an application for depositing 15% of the total amount of the cost of the plot. Instead the Petitioner was called to appear in person on 05.06.2007 and told that he was entitled to 8 marlas plot whereas he had applied for 10 marlas in the category of ex -serviceman. The Petitioner made a request of allotment letter as he was successful in the draw and his eligibility should have been checked before including his name in the draw. The Petitioner served the demand notice and ultimately has filed this writ petition. The writ petition was adjourned sine die as similar issue was pending before the Hon'ble Supreme Court.

(2.) ON an earlier occasion some person, who were successful in the draw of lots for allotment of plot, also faced a similar situation and were successful in draw for plots beyond their entitlement. One Rakesh Kumar Bhatia approached this Court and the Division Bench of this Court allowed the writ petition and directed the Respondents to allot the plot to the said Petitioner for which he had been successful in draw of lots. Against this, the Respondents had filed Special Leave Petition (C) No. 6034 of 2007, which has been dismissed on 30.07.2010. The Petitioner has, accordingly, moved an application for allowing the writ petition in terms of the order passed by the Hon'ble Supreme Court in the SLP referred above.

(3.) THE present writ petition is, accordingly, allowed in the same terms. Direction is hereby issued to allot/restore the plot of 10 marlas allotted in favour of the Petitioner in the draw of lots. Needless to mention that the Petitioner would be liable to deposit the cost of the plot.