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AUGUSTINE GEORGE MASIH, VIKRAM AGGARWAL
Greenwood Society – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner challenges allotment of religious site (Para 1 , 2) |
| 2. respondents justify allotment under the 1975 act (Para 3 , 4) |
| 3. petitioner argues allotment process was arbitrary (Para 7 , 8 , 9) |
| 4. court finds no illegality in allotment process (Para 10 , 11 , 12) |
| 5. court distinguishes from similar past judgments (Para 13 , 14) |
| 6. writ petitions dismissed with no merit found (Para 15) |
JUDGMENT
Vikram Aggarwal, J.
CM-11168-CWP-2022 in CWP-5049-2020
For the reasons mentioned in the application, the same is allowed subject to just exceptions. Photographs dated 08.07.2022 as Annexure P-19 are taken on record.
Main Cases
This judgment shall decide two writ petitions. CWP No.13421 of 2018 titled as 'Greenwood Society v. State of Haryana and another' was filed seeking setting aside of the advertisement dated 15.02.2018 (Annexure P-9) vide which applications had been invited for the sale of religious building site measuring 866 sq. meters situated in Blocks D, E and F, Greenwood City, Sector-46, Gurugram (hereinafter referred to as 'the site in question'). A writ of mandamus was also sought seeking a direction to the respondents to allot the site in question to the petitione
The court emphasized the necessity of transparency and adherence to established procedures in public land allotments to uphold constitutional rights.
The main legal point established in the judgment is that the allotment of government land must adhere to the principles of equality and eligibility criteria, and the failure to meet the eligibility r....
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
Mandatory prior approval from the Assistant Collector is essential for land allotments under Section 122-C of the U.P. Zamindari Abolition and Land Reforms Act, making unauthorized claims invalid.
Writ petitions can be maintained against administrative actions affecting contracts, especially when principles of natural justice and public policy are at stake.
The Divisional Commissioner had the power to examine and cancel the transfer of land, and the petitioner-Society had no legal right to claim allotment of land based on the Trust's decision.
Decision that an aggrieved person was entitled to judicial review if he could show that a decision of public authority affected him of some benefit or advantage which in past he had been permitted to....
(1) Revision Petition can be re-instated if it has been withdrawn in exchange of an offer of settlement.(2) Mere possession on paper does not translate into actual possession.(3) A court-mandated all....
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