KANWAL PARKASH JAI Vs. ESTATE OFFICER

JUDGEMENT

(1.) THIS order will dispose of C.W.P. Nos. 15698, 12362 of 1990 and 2439 and 3910 and 12681 of 1991.

(2.) THE Chief Administrator of the Haryana Urban Development Authority, Haryana (hereinafter called the 'Authority') issued a letter (Annexure P1) dated 30.3.1987 authorising the Estate Officers in the Urban Estates under its administrative control to dispose of the unsold plots within their respective jurisdictions on 'First come, first serve' basis. It was further directed that the applications for allotment of plots be accepted on plain paper with 25% of the cost of the plot in the shape of a bank draft. Pursuant to the aforesaid instructions, the petitioners applied for the allotment of plots in the urban estate at Jagadhari on various dates from February 1988 onwards. The plots were, however, not allotted to the petitioners but after a lapse of 2/1 -2 years, they received identical letters dated 6.7.1990 (copies annexed as Annexures P -5 and P -6 to the petition) intimating that their applications could not be considered for allotment as per the existing policy and they were advised to take their refund or in the alternative, they could keep their earnest money with the Authority so that their cases could be kept alive for subsequent allotments. It is the petitioners' case that some of the petitioners took the refund whereas the earnest money with respect to some of the petitioners continued to remain with the Authority.

(3.) IN the written statement filed on behalf of respondents 1 and 2, it has been pointed out, inter alia, that the Authority had decided to change the policy for transfer of unsold plots and a decision to that effect had been taken on 14.8.1987 and had also been circulated to all the Estate Officers vide Annexure R -1 dated 28.9.1987 and that under this policy, all the available vacant plots were to be sold by public auction. It has also been pleaded that a total of 756 plots of various categories were available in the urban estates in question under the scheme, Annexure P -1; and the Government had carved out two different modes for allotment of plots; one for the general public and the other for Government servants and the last allotment to the general public had been made on 17.5.1988 and to the Government servants on 17.6.1988 on the principle of 'First come, first serve' and that the aforesaid scheme was abandoned when all the plots, which were available upto the two dates given above, had been exhausted.