BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has invoked Articles 226/227 of the Constitution of India for issuance of writ of certiorari quashing Annexure P -6 dated 29.4.2014 and direction to allot plot to the petitioner at the rate of Rs. 5,262/ - per square meter as per advertisement dated 12.2.2004 (Annexure P -2).

(2.) SOME of the facts which require to be noted are that 05 acres of land belonging to the petitioner was acquired in the year 1993 for development of Sectors 38 to 41 and 47, Gurgaon. In the year 2004, respondents invited applications from the oustees for allotment of plots. The petitioner submitted application (Annexure P -1) for allotment of 01 kanal plot, deposited an amount of Rs. 2,21,004/ - as earnest money and was informed vide memo (Annexure P -3) that he was found eligible for allotment of residential plot measuring 01 kanal in Sector 47, Gurgaon under oustees policy. However, the petitioner was not allotted any plot and he filed CWP No. 1025 of 2013, decided on 27.8.2013 wherein the respondents were directed to allot 01 kanal plot to the petitioner either in Sector -38 or Sector -39, Gurgaon. In terms of order passed by this Court, the impugned allotment letter (Annexure P -6) was issued and the petitioner was allotted plot No. 35 (01 kanal), Sector -38, Gurgaon on free hold basis at the rate of Rs. 24,400/ - per square meter making tentative total price to the tune of Rs. 1,02,48,000/ -.

(3.) COUNSEL for the petitioner contends that the petitioner submitted application in the year 2004 for 01 kanal plot in Sector -47, Gurgaon and he was found eligible for allotment of such a plot in the aforesaid sector. It is further argued that failure of the authorities to allot 01 kanal plot in Sector - 47, Gurgaon for more than one decade should not cause prejudice to the petitioner requiring him to pay price for the plot at the rate of Rs. 24,400/ - per square meter in place of Rs. 5,262/ - per square meter, the price of one kanal plot in Sector -47, Gurgaon fixed in the year 2004. According to learned counsel, the petitioner has been allotted plot No.35 Sector 38, Gurgaon in compliance with the directions issued by this Court holding him entitle to get 01 kanal plot on the basis of his application dated 29.4.2004. It is argued that in the earlier litigation, it was never the case of the respondents that in case, the petitioner is held entitled to allotment of 01 kanal plot in any of the Sectors of Gurgaon, he would be liable to pay price at the current rate fixed by the authorities. It is prayed that the respondents may be directed to allot a plot to the petitioner either in Sector -47 or in Sector -38, Gurgaon but at the rate of Rs. 5,262/ - per square meter as per advertisement dated 12.2.2004.