M R ENGINEERING WORKS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition filed under Articles 226/227 of the Constitution prays for issuance of a writ in the nature of Mandamus directing the respondents to allot an Industrial plot of a quarter or half an acre area in Sector 27-A, Faridabad.

(2.) Facts which are necessary for disposal of the instant petition are that the petitioner M/s. M. R. Engineering Works, Faridabad, has been running a small scale unit for the manufacturing of various items which are supplied to National Thermal Power Corporation, Badarpur. As it was short of space to cope with day-to-day production, it applied for allotment of a quarter or half an acre Industrial Plot in Sector 27-A, Faridabad, (P-1). It deposited the earnest amount of Rs. 3750/- with the Estate Officer, Haryana Urban Development Authority, (for brevity 'HUDA'), on 3-8-1979 against receipt, which has been placed on record as Annexure P-2. The application was required to be considered in accordance with the scheme dated 7-6-1979 of the respondent State, which is Annexure P-3. On the advice tendered, petitioner submitted his project report to the Estate Officer, HUDA and the same was forwarded to the Director of Industries, respondent No. 4. The Director found the project report to be technically feasible and recommended allotment of one quarter acre of Industrial Plot in Sec of 27 A, Faridabad, to the petitioner (Annsexure P-4). It is alleged in para 5 of the petition that plot Nos. 63 and 68 in Sector 27-A, Faridabad, were available at that time, as is evident from the letter dated 26-11-1982 written by the Chief Administrator, HUDA, Chandigarh, to the Estate Officer, HUDA, Faridabad (P-5). It has further been alleged the genuine claim of the petitioner was ignored and allotments were made in favour of those who did not even submit the project report or their project reports were not approved. In this regard, reliance has been placed by the petitioner to the findings of facts recorded by a Division Bench in judgment dated 3-12-1981 rendered in Civil Writ Petition No. 1587 of 1981, (P-6). The petitioner made numerous representations from 4-12-1980 to 28-12-1983 but all in vain.

(3.) The averments made in the petition further show that plot No. 68 in Sector 27-A, has been allotted to one Sh. Arun Khetarpal on 19-11 -1981, who made application on 22-6-1981 which is much later than the petitioner. He deposited earnest money on 25-6-1981 and his project report was approved on 29-6-1981. In the case of the petitioner, the allotment of plot has been awaited since 8-8-1979 when he had applied along with the earnest money. His project report was approved on 11 -2-1980.