CWP No.2537 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 10.9.2010 Rajesh Gupta & Anr ...Petitioners VERSUS Haryana Urban Development Authority & Anr. …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Manoj Bajaj, Advocate for the petitioner Mr.Arun Walia, Advocate for respondents Permod Kohli, J. (Oral) Keeping in view the controversy involved and with the consent of the counsel, this petition is disposed of at motion stage. Plot No.313, Sector 28 (Part), Gurgaon measuring 220 sq. mtrs was allotted to the petitioner no.1 on free hold basis for a consideration of Rs.13,15,600/- vide allotment letter dated 31.12.2001. Later on the request of petitioner no.1, this plot was transferred to petitioner no.2, being his wife vide re-allotment letter dated 29.4.2008. The petitioners deposited the initial earnest money and later 25% of the total cost of the plot, in accordance with the allotment letter. Even the balance amount i.e. 75% of CWP No.2537 of 2010 2 the total price of the plot stands paid by the petitioners, as per the averments made in paragraph 6 of the writ petition. It is alleged that when the petitioners approached for taking possession of the plot, it was found that the Villagers of Village Chakarpur have constructed a cremation ground on the plot alongwith some adjoining plots. The villagers did not permit the petitioners to raise construction over the plot. Petitioner no.2 thereafter approached the Chief Administrator, HUDA vide her letter dated 16.3.2009 for handing over the vacant possession of the plot to her after removing the unauthorized construction. The aforesaid letter was followed by another letter dated 26.5.2009 asking for handing over the vacant possession of the said plot or allotment of alternative plot. It is further stated that the allottee of adjoining plot No.314, at Sector 28, Gurgaon, namely, Ajai wahi also could not be given possession and he filed CWP No.10828 of 2009 which was allowed with the direction to allot alternative plot. Even another allottee of adjoining plot 315, Sector 28, Gurgaon, namely, Preminder Sethi filed CWP No.18438 of 2009. During the pendency of the aforesaid writ petition, respondent-HUDA allotted an alternative plot No.360-B in Sector 38, Gurgaon to Preminder Sethi in lieu of disputed plot No.315, Sector 28, Gurgaon. The said writ petition was accordingly allowed vide order dated 10.9.2010 directing the Estate Officer, Gurgaon to deliver possession of the alternative plot allotted to the petitioner therein. Thus from the above facts, it appears that respondents have allotted alternative plots to the allottees of Plots No.314 and 315 which are adjoining the petitioner's plot No.313. The petitioners are similarly situated. In view of the above, this petition is disposed of with a direction to CWP No.2537 of 2010 3 allot any alternative plot in other Sector of Gurgaon to the petitioner(s) within a period three months from the date a certified copy of this order is received by the competent authority. (PERMOD KOHLI) JUDGE 10.9. 2010 MFK