SACHIN SINGLA Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) PRAYER in this writ petition filed under Articles 226/227 of the Constitution of India is for quashing the impugned order dated 26.11.2014 (Annexure P -10) passed by respondent No. 3 vide which the allotment of a residential plot under R & R Policy dated 7.12.2007 (Annexure P -3) has been declined. Further, a prayer has been made for directing the respondents to allot the residential plot under R & R Policy, Annexure P -3, to the petitioner.

(2.) PUT shortly, the relevant facts necessary for adjudication as narrated in the petition are that the petitioner was owner in possession of the land measuring 11 biswas out of total land of 5 bigha 11 biswas situated at Kasba, Karnal. He sold 8 biswa of land out of his total land measuring 11 biswa by dint of three agreements dated 9.4.2008. Respondents No. 2 and 3 vide notification dated 11.7.2006 (Annexure P -2) issued under Section 4 of the Land Acquisition Act, 1894 acquired the land of the petitioner for the development of Industrial Sector 37, Karnal. The award was announced on 23.4.2009. State of Haryana framed R & R Policy dated 7.12.2007 (Annexure P -3), according to which the land owners whose land has been acquired shall be entitled to a residential plot and where 1/2 acre to 3/4th acres of land was acquired of the landowner, he shall be entitled to 8 -Marla plot. Since the land of the petitioner measuring 3 biswas was acquired, therefore, he applied for a residential plot of 8 marlas under R & R Policy by completing all the formalities. Respondent No. 2 vide letter dated 15.7.2013 (Annexure P -4) informed the petitioner that he was not eligible for the residential plot and directed the petitioner to file objections, if any, within thirty days from the date of letter dated 15.7.2013. The petitioner submitted objections, Annexure P -5. Respondent No. 3 vide order dated 19.11.2013 (Annexure P -6) informed the petitioner that he is not eligible for the allotment of plot under R & R Policy since the court case is pending. The petitioner filed reference, Annexure P -7, before the Land Acquisition Collector -cum -District Revenue Officer, Karnal for enhancement of the compensation which was referred to the Additional District Judge, Karnal. Respondents No. 2 and 3 filed reply, Annexure P -8, to the said reference. The petitioner filed CWP No. 1237 of 2014 challenging the order dated 19.11.2013 (Annexure P -6). This Court vide order dated 27.8.2014 (Annexure P -9) disposed of the writ petition with a direction to the respondents to consider the claim of the petitioner for allotment of a plot in light of LPA No. 2096 of 2011 (Haryana Urban Development Authority v. Sandeep and others). Respondent No. 3 vide impugned order dated 26.11.2014 (Annexure P -10) rejected the claim of the petitioner. Hence, the present writ petition.

(3.) ON the other hand, learned counsel for the respondents supported the order passed by respondent No. 3.