CWP No. 11347 of 2011 and other connected cases 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 05.09.2011 CWP No. 11347 of 2011 Surender Maniktala ….. PETITIONER VERSUS Haryana Urban Development Authority and others ….. RESPONDENTS CWP No. 9035 of 2011 Anil Ji Khullar ….. PETITIONER VERSUS Haryana Urban Development Authority and others ….. RESPONDENTS CWP No. 11866 of 2011 Satyadev Kaushik ….. PETITIONER VERSUS State of Haryana and others ….. RESPONDENTS CWP No. 12964 of 2011 Shyam Lal Sharma ….. PETITIONER VERSUS Haryana Urban Development Authority and others ….. RESPONDENTS CWP No. 13026 of 2011 M/s Akshiana International ….. PETITIONER VERSUS Haryana Urban Development Authority and others ….. RESPONDENTS CWP No. 11347 of 2011 and other connected cases 2 CWP No. 13377 of 2011 Varun Mahindru ….. PETITIONER VERSUS Haryana Urban Development Authority and others ….. RESPONDENTS CWP No. 14486 of 2011 Dalip Raina ….. PETITIONER VERSUS State of Haryana and others ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE JASBIR SINGH HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Puneet Bali, Advocate, Mr. Deepak Manchanda, Advocate, Mr. Rajesh Lamba, Advocate, for the petitioner (s). Ms. Palika Monga, DAG, Haryana. Mr. Arun Walia, Advocate, for HUDA. *** Jasbir Singh, J. (Oral) This order will dispose of seven writ petitions i.e. CWP Nos. 11347, 9035,11866, 12964, 13026, 13377 and 14486 all of the year 2011. For the purpose of dictating the order, the facts are being taken from CWP No. 11347 of 2011. Heard counsel for the parties. CWP No. 11347 of 2011 and other connected cases 3 As per facts on record, a plot measuring 420 Sq. Mtrs. was allotted to the petitioner on 12.08.1992, however, the possession could not be handed over to him, on account of a fact that the earmarked land was a part of the forest area. The petitioner had paid the entire price of the plot, as demanded by the respondents. Despite representations and a legal notice when nothing was done, this writ petition has been filed. It is case of the petitioner that the other allottees, similarly situated, in the same scheme came to this Court with a prayer that the authorities be directed to allot them alternative plots. Their writ petition i.e. CWP No. 3969 of 2011 titled as Davinder Kumar Sharma vs. Haryana Urban Development Authority and others was disposed of vide order dated 07.03.2011 (P-7) by issuing directions to the respondents to consider their claim as per law and to pass an appropriate order within a specified period. It is further stated that after passing of that order in that case and many other cases, alternative plots were allotted to the claimants. On 28.07.2011, following order was passed by this Court:- “ The possession of the plot in dispute could not be delivered as it was subsequently discovered that the sector carved out by the Haryana Urban Development Authority (HUDA) falls in forest land. The HUDA has allotted alternative plots to plot holders who approached this Court. The petitioner, who is similarly situated, prays for allotment of an alternative plot. Counsel for the HUDA is directed to seek instructions whether the petitioner can be considered for allotment of an alternative plot. Adjourned to 05.09.2011.” CWP No. 11347 of 2011 and other connected cases 4 Sh. Walia has failed to get instructions. In view of facts mentioned above, we dispose of these writ petitions and direct respondent No. 2 to consider the claim of the petitioners for allotment of alternative plots as per law. Needful shall be done within a period of two months' from the date of receipt of a certified copy of this order. The officer shall pass a speaking order, in case he is going to reject claim of the petitioners. ( JASBIR SINGH ) JUDGE ( AUGUSTINE GEORGE MASIH ) JUDGE September 05, 2011 pj