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Judgment
The petitioner has sought a writ of certiorari to quash the select
list of the applicants recommended for allotment of nursing home/clinic
sites in the Urban Estate at Faridabad on the ground that the same was
arbitrary and without following the procedure. The petitioner has also
sought a writ of mandamus directing the respondents to finalize the policy
for considering the eligible candidates and prescribing the criteria and
directing the respondents to consider his name for allotment of clinic sties
and an order to allot in his favour a suitable plot.
As far as the writs of mandamus are concerned, the petitioner''s
grievance stands redressed to some extent on account of the fact that after
the filing of the writ petition, the respondents framed a policy on
13.05.1997. The learned counsel appearing for the petitioner states that this
policy has been further modified. The petitioner would be entitled to make
an application under this policy in accordance with law. The policy entitles
the petitioner to make an application for permission to carry out non
nuisance commercial activities from his residential plots. In the event of
petitioner doing so, the respondents would consider the same in accordance
with law as expeditiously as possible preferably within a period of 8 weeks
from the receipt thereof keeping in mind the fact that this petition has been
filed in the year 1994.
It is not possible for us to entertain the petition insofar as it
seeks a writ of certiorari for quashing the select list of the applicants
recommended for allotment of nursing home/clinic sites in the Urban Estate
at Faridabad. The petitioner was aware of the allotted sites where the
allottees have in fact constructed their nursing home/clinic. None of the
allottees have been impleaded in the writ petition despite the fact that
vide interim order dated 27.01.1998, the application of the petitioner was
rejected to restrain the allottees from constructing the premises over the
sites in dispute. The order noted that most of the allottees have constructed
their nursing homes and were presently functioning at the sites. It is now
almost 20 years since then. Despite the same the allottees have not been
impleaded in this proceeding. The only two respondents in this writ petition
are the Haryana Urban Development Authority and its Administrator. It is
therefore, not permissible for us to take any action against such allottees.
The prayer for certiorari, is, therefore, rejected.
The writ petition is accordingly, disposed of.