Shri Krishan Goyal vs Haryana Urban Development Authority and another

Viney Mittal, J. (Oral)

Notice of motion to the respondents.

On the asking of Court, Shri Ashok Jindal, Additional Advocate General, Haryana accepts notice on behalf of the respondents.

We have heard the learned counsel for the parties and have also gone through the pleadings contained in the writ petition.

The petitioner claims himself to be an oustee and as such is entitled to allotment of plot in the aforesaid quota in Sector 57, Gurgaon. He consequently applied for allotment of a plot under the aforesaid quota alongwith the earnest money. However, vide order dated May 4, 2006 (Annexure P.12) the application filed by the petitioner has been rejected and he has been declared to be ineligible for allotment of plot under the oustee''s quota. The earnest money deposited by the petitioner has also been ordered to be refunded.

Shri Shailendra Jain, the learned counsel appearing for the petitioner argues that the order (Annexure P.12) is totally a nonspeaking order and no reason has been spelt out as to why the petitioner has been treated to be not eligible for allotment of plot under the oustee''s quota. Shri Jain has also pointed out that the documents on the record show that the land of the petitioner was acquired and as such he was duly eligible for allotment of plot under the oustee''s quota.

We find merit in the contentions raised by the learned counsel for the petitioner to the extent that the order (Annexure P.12) is a nonspeaking order and as such cannot be legally sustainable. Consequently, we allow the present petition and quash the order (Annexure P.12). We also direct the Estate Officer, Haryana Urban Development Authority, respondent No. 2 to decide the claim of the petitioner. For this purpose, the petitioner would be required to file a detailed representation within a period of three weeks from the date a certified copy of this order is received. The petitioner shall give the detailed facts in the aforesaid representation and shall also annex necessary documents. On receipt of the aforesaid representation, the Estate Officer, Haryana Urban Development Authority, respondent No. 2 shall take a final decision upon the claim of the petitioner within a period of three months from the date a certified copy of this order is received, by passing a detailed speaking order. The petitioner shall also be required to redeposit the earnest money which has been ordered to be refunded vide order dated May 4, 2006 (Annexure P.12) alongwith the aforesaid application.

A copy of the order be given dasti on payment of usual charges.