MANMOHAN SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petition has been filed by Manmohan Singh - petitioner under Articles 226/227 of the Constitution of India for directing the official respondents to protect the State interest and not allow illegal transactions of sale of plots by labelling them as gift-deeds and thereby causing financial loss to the State exchequer.

(2.) The grievance of the petitioner is that the Haryana Urban Development Authority ('HUDA' - for short) allots plots to the oustees whose land has been acquired. The said allotment of plots to oustees contains a condition to the effect that the allottee would not sell the plot for a period of five years. However, the allottees of the plots thereafter execute gift-deeds in favour of the persons to whom the plot is to be transferred and thereby the transfer that is effected circumvents the condition of allotment. This, according to the petitioner, causes huge financial loss of stamp duty to the State exchequer inasmuch as stamp duty to the extent of 25% only that is to be paid in case a sale deed is executed, is actually paid by execution of a gift-deed. Therefore, it is submitted that the condition of allotment by HUDA in favour of the oustees is being circumvented.

(3.) The petitioner had earlier filed CWP No.15660 of 2015 raising a similar grievance. The said petition was disposed of by a Coordinate Bench of this Court on 03.08.2015 (Annexure P12). After hearing learned counsel for the petitioner and without issuing notice to the other side, the said writ petition was disposed of with a direction to respondent No. 5 in the said petition to consider and decide the representation made by the petitioner by passing a speaking order in accordance with law.