Avtar Krishan Sood and Another vs State of Haryana and Others

M.M. Punchhi, J.—These are six petitions being CWP Nos. 3989, 4193, 4345, 4346, 5759 and 5957 of 1988 which are placed before us at the motion stage.

Parties'' counsel are agreed that in case of admission of these cases, stagnation is bound to occur, for neither would the Petitioners get the relief which they ask for immediately nor would the Respondents be able to arrange their affairs in a suitable manner. We thus, with their consent, dispose of these petitions at the motion stage.

Except for the Petitioners in CWP No. 4346 of 1988, the remaining Petitioners of the five cases applied for allotment of residential plots in Sectors 23 and 23-A at Gurgaon in an Urban Estate floated by the Haryana Urban Development Authority under the care and control of the State Government of Haryana. The Petitioners in CWP No. 4346 of 1988 applied for a plot in Sector 22 thereof. Since there were far too many applicants, the HUDA resorted to draw of plots. Each Petitioner on successful draw of lot was assigned the plot number which fell to his due. Since the formal allotment letters to the respective Petitioners were being withheld by HUDA, they made enquiries and it turned out to be that the sites where plots of the Petitioners were situated were either under litigation in this Court or the Supreme Court of India or were being thought of being released by the government to the landowners from whom the land was acquired. The Petitioners in these circumstances asked for alternate plots in the same Sector but their prayer was turned deaf ear to. This gave rise to these petitions.

In response to notice of motion, the Respondents'' plea is that the Petitioners can have plots in alternative Sectors and at the price now prevailing. Their right to alternate allotments in the same sectors where they were allotted plots is being denied without any substantial reason. Our attention has been drawn to the press reports in which plots in Sector 22, 23 and 23-A have been thrown open to public by inviting applications for allotment and even for auction. When plots in Sectors 22, 23 and 23-A are available with the Respondents, it is not only their legal responsibility but also moral responsibility too to accommodate the Petitioners first in these Sectors. In a welfare State, it is needless to emphasise that the government of the day runs the State not only with a sense of responsibility but with a great degree of morality. Therefore, unhesitatingly we curb the design of the State in throwing upon plots in the aforesaid three Sectors for allotment or auction without meeting the legimate due of the Petitioners.

As a sequel to the aforesaid discussion, we allow these petitions and direct the Respondents to allot a plot each to the Petitioners in the same Sectors to which each has been held entitled for allotment, on the same terms and conditions as if the plot now to be allotted was originally allotted. Let the same be done within a period of one month from today and till that is done, we keep stayed allotment and auction of plots in these Sectors. In the circumstances we shall not burden the State with costs.