C.W.P NO. 4770 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P NO. 4770 OF 2009 DECIDED ON : 26.03.2009 Ved Govil ...Petitioner versus State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Puneet Bali, Advocate, for the petitioner. SURYA KANT, J. (ORAL) Notice of motion. On the asking of the Court, Mr. Dhiraj Chawla, Advocate, who is present in Court, accepts notice on behalf of the respondents. The petitioner was allotted Plot No. 192-C, Sector-4, IMT Manesar, Gurgaon on 24.05.2004. Thereafter, the allotted site was changed and in view of the earlier plot, the petitioner was allotted Plot No.269 measuring 1800 sq. mtrs in Sector-7, IMT Manesar, Gurgaon vide letter dated 09.07.2004 for sale consideration of Rs.36 lacs. The allotment of the said plot was, however, cancelled as the petitioner failed to deposit the due C.W.P NO. 4770 OF 2009 -2- installments. The petitioner challenged the cancellation of allotment before this Court and his writ petition was allowed vide judgment dated 07.09.2006. Several other cases were also decided by this Court. HSIDC went in appeal before the Hon'ble Supreme Court against those orders and their appeals have been allowed, setting aside the judgment of this Court. Their Lordships of the Hon'ble Supreme Court, however, permitted the allottees to seek re-allotment provided that they were ready to pay the prevailing price as on the date the judgment was rendered by this Court. The petitioner claims to have sought re-allotment and deposited the entire sale consideration within the stipulated period i.e on 30.07.2008. However, no re-allotment has been made in his favour on the ground that the sale consideration has been deposited by the petitioner after the due date. The petitioner, on the other hand, contends that the amount was required to be deposited within six weeks from the date of issuance of re-allotment letter as then only an allottee would come to know about the prevailing price as on the date of decision by this Court and which he was liable to pay. In this regard, the petitioner has served the respondent-Corporation with a legal notice dated 27.01.2009 but the same has not been responded so far. Having heard learned counsel for the parties and keeping in view the nature of relief sought in this writ petition, C.W.P NO. 4770 OF 2009 -3- however, without expressing any views in relation thereto, I deem it appropriate to dispose of this writ petition with a direction to the respondent-Corporation to take cognizance of the petitioner's legal notice, referred to above and dispose of the same by passing a reasoned order within two months. Till then, no third party rights in respect of Plot NO.269, Sector-7, IMT, Manesar, Gurgaon, shall be created. Disposed of. Let a copy of this order be given dasti on payment of usual charges. MARCH 26, 2009 (SURYA KANT) shalini JUDGE