IMPORTANT POINT
Straight away allotment of a developed plot held not permissible.

ORDER (ORAL)

V.K. Jain, Presiding Member.—The respondents/complainants were co-sharers in same agriculture land which State of Haryana acquired for the purpose of planned development of the area, vide award dated 9.10.2003. As per the policy being followed at that time, the petitioner HUDA was allotting one developed plot jointly to all the co-sharers of the acquired land, irrespective of their number. Accordingly, a joint allotment of a plot admeasuring 420 Sq.mtrs. was made to all the co-sharers of the acquired land including the complainants. The complainants approached the concerned District Forum by way of a consumer complaint seeking allotment of individual plots to them on the ground that every co-owner was entitled to allotment of a separate developed plot.

2. The complaint was resisted by the petitioner which sought to justify the joint allotment. It was also stated in the written version that the earnest money which the complainants had deposited was refunded to them.

3. The District Forum held that the complainants were not entitled to an individual plot. Being aggrieved from the order passed by the District Forum, the complainants approached the concerned State Commission by way of an appeal. Vide impugned order dated 4.12.2007, the State Commission allowed the appeal and directed allotment of 10 Marla plot to the complainants. Compensation quantified at Rs.50,000/- and the cost of litigation quantified at Rs.10,000/- was also awarded to them. Being aggrieved from the order passed by the State Commission, the petitioner HUDA is before this Commission by way of this revision petition filed on 19.4.2011.

4. The learned counsel for the petitioner has drawn my attention to the orders dated 25.4.2012 passed by Punjab & Haryana High Court in L.P.A. No. 2096 of 2011 - HUDA & Ors. Vs. Sandeep & Ors., and the order dated 26.4.2012 passed by the same High Court in CWP No.10941 of 2010 Bhagwan Singh & Ors. Vs. State of Haryana & Ors. My attention is also drawn to a previous decision of the High Court dated 1.10.2010 in C.W.P No. 2575 of 2009 Jarnail Singh & Ors. Vs. State of Punjab & Ors. Special Leave Petitions against the orders dated 25.4.2012 and 26.4.2012 were dismissed by the Hon’ble Supreme Court. My attention has also been drawn to the decision of this Commission in RP/714/2013 HUDA Vs. Jagdev Singh & Ors.

5. The order passed by Punjab & Haryana High Court on 26.4.2012 in Bhagwan Singh & Ors. (Supra) to the extent it is relevant, reads as under:-

“This order shall dispose of CWP No.10941 of 2010 and other connected petitions, list of which is appended as Annexure-A. The petitioners, as a co-sharer, are claiming right of allotment of separate plot though as per the policies framed by the respondents, one plot is to be allotted to all the co-sharers jointly.

It is contended that in terms of judgment passed by Full Bench of this Court in Jarnail Singh & others Vs. State of Punjab & others AIR 2011 P&H 1, the policy adopted by Haryana Urban Development Authority (for short ‘the HUDA’) contemplating that the co-sharers shall be given one plot jointly is not sustainable and that each of the co-sharer is entitled for consideration for allotment of plot keeping in view his land holding.

In view of the judgment of Full Bench in Jarnail Singh’s case (supra) dealing with the rights of the co-sharers, each of the co-sharer is entitled to a plot of a size keeping in view his land holding. The rights of the oustees for allotment of a plot has been discussed by this Court in LPA No.2096 of 2011 titled “Haryana Urban Development Authority & others Vs. Sandeep & others” decided on 25.04.2012.

Consequently, the present petition as well as other connected petitions stand disposed of with a direction to the respondents to consider the claim of each of the co-sharer for allotment of a plot keeping in view his holding and in accordance with the principles of law laid down in Sandeep’s case (supra).”

6. It is thus evident that the p