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2000 Supreme(P&H) 590

M.L.SINGHAL
Haryana Urban Development Authority – Appellant
Versus
Partap Singh – Respondent


Judgment

M.L.Singhal, J.

1. Partap Singh filed suit for declaration against Haryana Urban Development Authority (in short "HUDA"), Jind through its Estate Officer to the effect that he was entitled to the allotment of a commercial plot in the Urban Estate, Jind on reserve price. It is alleged in the plaint that land measuring 136 kanal 17 marla situated in the revenue estate of Jind as recorded in the jamabandi for the year 1974-75 was acquired by the State of Haryana for a public purpose namely the planned development in the area of Jind. In the revenue record, the land was standing in the name of Moti Ram who was father of plaintiff Partap Singh. Moti Ram died on 9.10.88. It is further alleged in the plaint that the plaintiff comes within the definition of ouster in the wake of the acquisition of the land belonging to his father for use by HUDA. As son of Moti Ram he is entitled to the allotment of commercial site in Urban Estate, Jind. Commercial sites are still available in Urban Estate, Jind and they are being sold by HUDA in open auction from time to time. Plaintiff owns no commercial site in Urban Estate, Jind, as such he is entitled to the allotment of commercial site in Jin












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