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 petitioner. During the pendency of this writ petition, the site in question was allotted to respondent No.6 as a result of which, the second writ petition bearing CWP No.5049 of 2020 titled as ' Greenwood City Residents Welfare Association Society Gurugram v. State of Haryana and others' was filed. In this writ petition, quashing of proceedings dated 02.05.2018 (Annexure P-12) allotting the site in question to respondent No.6 has been sought. Writ of mandamus directing the respondents to allot the site in question in accordance with the guidelines dated 01.12.2008 (Annexure P-11) has also been sought. The petitioner further seeks quashing of allotment letter dated 08.02.2019 (Annexure P-14) issued in favour of respondent No.6. The facts are being taken from the subsequent writ petition i.e. CWP No.5049 of 2020 titled as Greenwood City Residents Welfare Association Society Gurugram v. State of Haryana and others'.

2. The petitioner-society claims itself to have been constituted for the welfare of residents in Blocks D, E and F of Greenwood City of Gurugram. The case of the petitioner is that respondent No.5 who was granted a licence for development of a colony failed to develop a community site designated as a religious building thereby violating its obligation under the agreement dated 27.01.1992 (Annexure P-2). Under the circumstances, the site was handed over to the Senior Town Planner, vide communication dated 07.05.2012 (Annexure P-3). This action was opposed by the petitioner by various representations (Annexure P-4) (colly). Vide communications Annexure P-6 (colly), it was pointed out by the petitioner that the site in question was to be utilized for building a secular centre i.e. Sary Dharm Sansthan' cum Yoga Centre. Despite the said representations, the site in question was handed over to M/s Unitech Limited to which also the petitioner objected vide letter dated 18.08.2015 (Annexure P-7). However, the status of the site in question remained the same and the residents continued to take benefit of the already developed site.

On 15.02.2018, an advertisement (Annexure P-9) was issued for sale of the site. The petitioner also submitted an application for allotment of the same highlighting that there was an Iskon Temple across the road in Sector-45 and another temple just outside the fenced colony and, therefore, the site in question was to be developed as a Yoga-cum-Mediation Centre to be utilized by all persons irrespective of their caste, creed, orientation etc. CWP No.13421 of 2018 titled as 'Greenwood Society v. State of Haryana and another' was also filed challenging the advertisement.

In terms of the proceedings dated 02.05.2018 (Annexure P-12), the site in question was allotted to respondent No.6. It is the case of the petitioner that the official