BUDH RAM ARYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE plaintiff is in second appeal. The plaintiff filed suit for mandatory injunction directing the defendants to allot him a plot in the Auto Market, Bhuna Road, Fatehabad on the reserve price. It is alleged that he has been running an Auto Workshop under the name and style of M/s. Arya Engineering Works at National Highway No.10, Fatehabad, for the last 40 years and has also been the President of the Auto Market Union. In order to regulate the traffic on the road, the Government of Haryana proposed to shift the workshops of Auto Mobile Mechanics to the Auto Market at Bhuna Road. The then Deputy Commissioner, Hisar, vide letter dated 20.06.1990, directed Municipal Committee, Fatehabad to furnish list of the persons working on the Highway No.10 so that they may be allotted shops in the Auto Market. Pursuant to the said letter, Municipal Committee, Fatehabad established Auto Market, Bhuna Road, Fatehabad after acquiring 20 Kanals of land. It is alleged that the President of the Municipal Committee, Fatehabad handed over letter dated 14.06.1992 qua allotment of plot for workshop to the plaintiff in the Auto Market on reserve price, but the said plot number and price was to be fixed in due course. The sanction to establish the Auto Market was granted by the Director, Local Bodies, Haryana vide letter no.8/44/92 -6 dated 29.03.1994, according to which 85% plots were to be allotted to the persons already engaged in the profession of Auto Mobile Mechanic and 15% plots were to be sold in an open auction. In 1995, the plots of the Auto Market were allotted to the applicants by way of lottery system in which the plaintiff had also applied but could not succeed. The plaintiff made a request on 20.05.1995 but a vigilance inquiry about the allotment of plots had started and he was told by the officials that after conclusion of the inquiry, the plot will be allotted to him. It is also alleged that on the recommendation of the Vigilance Department, a criminal case was registered against him and others in which he was acquitted and since he was not allotted the plot in terms of the allotment letter dated 14.06.1992, the suit has been filed.

(2.) IN the written statement, it was alleged that the Chief Minister, Haryana, came to Fatehabad in 1992 and as per his announcement, the then President, Municipal Committee, Fatehabad had issued the letter dated 14.06.1992 in favour of the plaintiff that a plot would be allotted to him in the Auto Market, Bhuna Road, Fatehabad at the reserve price. His application dated 11.11.2008 has already been forwarded with its recommendation to the Director, Local Bodies, Haryana, on 06.07.2009.

(3.) THE learned Trial Court dismissed the suit filed by the plaintiff on the ground that no doubt, the President of the Municipal Committee, Fatehabad, while appearing as PW3, has admitted about the issuance of the letter dated 14.06.1992 showing that a plot would be allotted to the plaintiff on reserve price subject to some other conditions regarding the construction etc. after getting necessary permission from the Government, yet there is nothing on the file to show that he was competent and authorized to make such representation or issue the letter. He admitted in his cross -examination that he was not authorized by the Government to issue letter Ex.P5. He also admitted that he did not take prior permission from the Deputy Commissioner before issuance of the said letter and even no resolution was passed by the Municipal Committee, Fatehabad. It was deposed by him that he had issued the said letter in his individual capacity and the letter Ex.P5, sole reliance of the plaintiff, had no legal force.