SMT. INDRAWATI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In this writ petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus declaring the Policy dated 11.8.2016 (Annexure P-15) as illegal and arbitrary. Further, a writ of certiorari has been sought for quashing the letter dated 19.9.2016 (Annexure P-ll) whereby the petitioner has been directed to apply for the allotment of a plot against fresh advertisement to be issued later and ordered for return of the appplication and earnest money along with interest already deposited by the petitioner; to quash the advertisement dated 16.92016 (Annexure P-14) inviting fresh applications for the allotment of plots; to quash the policy dated 11.8.2016 (Annexure P-15) and to consider the application, Annexure P-6, moved by the petitioner in pursuance to the earlier advertisement dated 4.12.2011 (Annexure P-5).

(2.) The petitioner was owner of the land measuring 12 kanal 13 marlas to the extent of her share situated within the revenue estate of village Bahadurgarh as per jamabandi for the year 2004-05 (Annexure P-l). The respondents vide notification dated 17.4.2002 (Annexure P-2) issued under Section 4 of the Land Acquisition Act, 1894 (in short "the Act") followed by a notification dated 10.4.2003 (Annexure P-3) issued under Section 6 of the Act acquired the said land. The petitioner filed objections under Section 5-A of the Act. After issuance of notice under Section 9 of the Act, the: award was passed on 23.6.2004 (Annexure P-4). The respondents vide; advertisement dated 4.12.2011 (Annexure P-5) advertised plots for the; allotment of plots under the oustees and general categories for Sectors 10 to 12. In response thereto, the petitioner applied for a plot measuring 1 kanal vide application, Annexure P-6, along with demand draft, Annexure P-7. The plots of one kanal and 10 marlas were allotted in the general category and also in the oustees category vide allotment letters including the allotment letter dated 24.10.2011 (Annexure P-10). Vide letter dated 19.9.2016 (Annexure P-11), the petitioner was advised to apply for the; allotment of plot against fresh advertisement to be issued later and to submi: the complete bank account details or crossed cheque/cancelled so that the; application/earnest money deposited be refunded along with interest. The; petitioner moved a representation dated 20.9.2016 (Annexure P-12) followed by a reminder dated 1.11.2016 (Annexure P-13) to respondent No.5 for the allotment of a plot under the oustees quota, but response has been received. However, respondent No.3 vide advertisement dated 16.9.2016 (Annexure P-14) invited applications for the allotment of plots. The respondents framed a policy dated 11.8.2016 (Annexure P-15) for settlement of oustees claims-terms and conditions thereof. Hence, the present writ petition.

(3.) Learned counsel for the petitioner submitted that for the relief claimed in the writ petition, the petitioner has moved a representation dated 20.9.2016 (Annexure P-12) followed by a reminder dated 1.11.2016 (Annexure P-13) to respondent No.5, but no action has so far been taken \ thereon. He, however, prayed that liberty be granted to the petitioner to file a detailed and comprehensive representation before the appropriate authority by incorporating the grievance as raised in the present writ petition and direction be issued to the authority concerned to decide the representation expeditiously in a time bound manner in accordance with law.