CWP No.13630 of 2012 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH CWP No.13630 of 2012 Date of decision:10.10.2012 Chander Bhan Sharma ...Petitioner(s) Versus Haryana Urban Development Authority and others ...Respondent(s) CORAM: HON'BLE MR.JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present: Mr.Mahesh Sangwan, Advocate, for the petitioner. Mr.Siddharth Batra, Advocate, for HUDA. JASBIR SINGH, J. (Oral)
The petitioner has filed this writ petition with a prayer for issuance of directions to the respondents to issue an allotment letter, in respect to plot no.392, Sector-18 (Defence), HUDA, Rewari in the name of petitioner.
It is stated by the petitioner that respondent HUDA invited applications for allotment of residential plots in the above Sector. The petitioner applied for the same under Ex-serviceman category. In the draw of plots, the petitioner was successful and the above-said plot measuring 10 marla was allotted to him. It was so intimated by respondent No.3 vide letter dated 22.10.201011. Thereafter, petitioner submitted his discharge certificate from the Army. However, he failed to get allotment letter in his favour. Despite many requests, when nothing CWP No.13630 of 2012 2 was done, this writ petition has been filed.
On the last date of hearing i.e.24.9.2012, following order was passed by this Court:-
"The grievance of the petitioner is non-allotment of plot despite being successful in draw of lots conducted in the months of October & November 2010.
Learned counsel for the respondents seeks time to file reply as to why plot in question has not been allotted despite above fact."
Today in the Court, reply on behalf of respondents has been filed, wherein it is stated that the petitioner was declared successful in draw of lots for plot No.392, Sector-18 (Defence) Rewari. However, allotment letter was not issued to the petitioner as the petitioner retired in the rank of Honorary Flying Officer which was not considered as a Commissioned Officer.
To the contrary, it is stated by counsel for the petitioner that this controversy whether the plots can be earmarked on the basis of rank of Army personnel has gone into by this Court in CWP No.18393 of 2008 (The Hisar Ex.Naval Personnel Welfare Society, 88, Defence Colony, Hisar v. State of Haryana and another), wherein classification for allotment of a plot, based upon the rank of an Officer was found unreasonable by recording the following facts:-
"The grievance of the petitioner is that the classification to submit an application for allotment of a particular size of a plot, based upon the rank held by the applicant at one point of time, is without any reasonable nexus with the objective to be achieved and consequently, unsustainable.CWP No.13630 of 2012 3
Similar grievance was raised in CWP No.16064 of 2004 titled "Prem Singh Vs. HUDA & another". A Division Bench of this Court vide order dated 18.07.2006 set aside such classification. It was observed as under:
"After hearing learned counsel for the parties, we find that the grievance made by the petitioner is wholly justified. In the Information Brochure or even in the written statement, no justification has been offered by the respondents as to why there was any such subdivision/ classification amongst the decree personnel/ex-servicemen etc. As a matter of fact, in our considered view, the aforesaid classification amounts to discrimination amongst the persons who have ex-service background and as such have been granted reservation.
Consequently, we quash the order (Annexure P-
4) and the plot in question which had been allotted to the petitioner shall stand restored back to him. Of course, the petitioner shall be required to deposit the remaining amount due from him, as per terms and conditions of the allotment."
The HUDA filed a Special Leave Petition against the said order, which has been dismissed on 29.11.2010, when the following order was passed:
"The special leave petition is dismissed. However, the question of law is kept open."
Earlier the hearing of the present petition was adjourned sine die to await the order of the Hon'ble Supreme Court. But now, it has been pointed out that the Special Leave Petition has been dismissed, therefore, the present writ petition is taken up for hearing.
A Division Bench of this Court in Prem Singh's case (supra) has found that the classification for allotment of a CWP No.13630 of 2012 4 plot, based upon the rank of an Officer, is unreasonable. Such finding is binding on the present Division Bench. Therefore, this Court cannot re-examine the question of legality of classification."
In view of the ratio of judgment noted above, , we allow the present writ petition and direct the respondents to issue allotment letter to the petitioner. Needful shall be done within two months from the date of receipt of copy of this order.
(JASBIR SINGH) JUDGE 10.10.2012 (RAMESHWAR SINGH MALIK) mks JUDGE