IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 21507 of 2010 Date of decision: 24.02.2011 Bishnu Kumar ...Petitioner Versus Haryana Urban Development Authority and another ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Lokesh Sinhal, Advocate, for the petitioner. RANJIT SINGH J. The petitioner has made a limited grievance in the present writ petition. The petitioner would pray for directions to the respondents to allot him alternative plot in lieu of originally allotted plot No. 80 measuring 1 kanal in Sectors 44 and 47 Faridabad on the ground that the possession thereof cannot be delivered to the petitioner being in a forest area. Plot No. 80 in Sectors 44 and 47 was allotted to one Suman Sharma son of Shri Nath Sharma on 08.01.2002. This plot was sold to Sumit Khanna. Thereafter, re-allotment letter was issued to Sumit Khanna on 27.10.2004. Sumit Khanna executed General Power of Attorney in favour of the present petitioner. The petitioner made a request to the respondents to know the balance payment due and for delivery of possession. The petitioner had statedly paid balance sum of Rs. 4,77,500/- on 21.10.2008. Still the possession of the plot has not been transferred to the petitioner. The reason for which the possession of the plot could not be handed over to the petitioner would emerge from Civil Writ Petition No. 21507 of 2010 -2- Annexure P-9. The petitioner had made a representation to Chief Administrator, HUDA through legal notice, which would reveal that the plot in question fell under the forest area and, therefore, the possession of the plot for construction could not be handed over to the petitioner. The Estate Officer, HUDA had, accordingly, recommended that alternative plot be given to the petitioner for which approval of the competent authority was needed. As per this, the decision to allot alternative plot could be taken at the head quarters level. It was also reported that some plots with the same sizes were available in the Sector 21C, Faridabad bearing Nos. 399-A and 560A, which were not in forest area and were statedly lying vacant and unallotted. Despite this, the petitioner has not been either allotted any alternative plot or handed over the possession of any other plot. Notice of motion has been issued. No reply has been filed despite repeated opportunities. On 23.12.2010, this Court passed the interim order to the effect that 1 kanal plot in any of the sectors 44 and 47, Faridabad shall be kept reserved. Since no reply has been filed, the averment made in the petition are to be taken as true for the purpose of passing this order. In any event, there is no denial forthcoming to the facts as pleaded in the writ petition. Without giving any further opportunity to the respondents to file reply, the present writ petition is disposed of with the directions to the respondent-Chief Administrator, HUDA to consider the prayer of the petitioner while allotting in terms of Annexure P-9 and issue appropriate order for allotment of alternative Civil Writ Petition No. 21507 of 2010 -3- plot to the petitioner within the period of 3 months from the receipt of copy of this order. The writ petition is, accordingly, disposed of. February 24, 2011 (RANJIT SINGH ) rts JUDGE