STATE OF HARYANA Vs. ROOP LAL MEHTA

JUDGEMENT

(1.) BY way of this appeal, the State of Haryana impugns the order of the learned Single Judge dated 17.8.2005 allowing the writ petition, as also the order dated 25.8.2006, whereby an application for review of the order dated 17.8.2005 was dismissed.

(2.) HEARD .

(3.) WE have heard learned counsel for the appellants and express our serious anguish at the harassment that the respondents have had to endure for the last three decades. It is surprising that the State of Haryana without challenging the decision of this Court dated 23.05.2000 in CWP No. 6479 of 2000 directing allotment, have taken up a stand that land is not available for allotment as it has to be allotted to an unauthorised occupant, who has filed an application under a policy framed by the government. We cannot appreciate this stand, where government seeks to clothe usurpers of public land with rights in preference to individuals whose legal rights stand crystalized, and recognised by judicial pronouncement. The respondents' claim has not been challenged on merits and therefore, there is no merit in the present appeal. The respondents' rights stood crystalized and accepted by the State as it has failed to impugn various orders, upholding their rights and directing allotment. Any subsequent notification or order would have no effect on their rights. Similarly, the dismissal of the petition for review also does not call for interference. Dismissed. Petition dismissed.