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2023 Supreme(P&H) 2678

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AUGUSTINE GEORGE MASIH, SANJIV BERRY, JJ.
Sushil Mangal – Petitioner
Versus
Haryana State Industrial and Infrastructure Development Corporation Ltd. – Respondent
CWP NO. 6190 of 2023
Decided On : 24-03-2023

Advocates Appeared:
Mr. Shashank S. Mangal, Advocate, and Mr. Pulkit Goyal, Advocate; For the Petitioner
Mr. Ankur Mittal, Advocate, with Ms. Kushaldeep Kaur, Advocate, and Mr. Jugam Arora, Advocate, and Mr. Shivam Garg, Advocate; For the Respondent

Headnote:(A) Constitution of India - Article 14 - Relief and Rehabilitation Policy of Haryana - The petitioner challenged the denial of benefits under a Board decision reducing plot costs from Rs. 7800/- to Rs. 6500/- per sq. mtr. for oustees. The court found that the petitioner, having paid regularly, did not fall into the category of defaulters. (Paras 5, 12, 17)

(B) Entitlement to scheme benefits - The Court affirmed that benefits were limited to defaulters who had not paid the initial 10%, distinguishing them from the petitioner who had complied with payment terms. (Paras 10, 14)

(C) Contractual obligations - The Regular Letter of Allotment governed the allotment terms, and deviation from such terms is only permitted if the terms are void or unconscionable, which was not the case here. (Paras 11, 15)

Facts of the case:
The petitioner, as an oustee from land acquisition, was denied reduced plot rates under the Relief and Rehabilitation Policy despite regular payments, while others were rewarded for defaults. The petitioner claimed this constituted discrimination under Article 14.

Findings of Court:
The court ruled that the Board's decision was legitimate, aimed exclusively at obligors, and did not apply to timely payers like the petitioner.

Issues: The main issues included the validity of the denial based on non-compliance with updated program criteria and whether the petitioner was unlawfully discriminated against.

Ratio Decidendi: The court held that the benefits were strictly to incentivize defaulters, preserving the contractual nature of allotments and emphasizing eligibility criteria laid down by the Board.

Result: Writ petition dismissed.

Table of Content
1. petitioner is an oustee eligible for benefits under the relief policy. (Para 1 , 2 , 3 , 4)
2. claim for policy benefits based on discrimination under article 14. (Para 5 , 6)
3. eligibility criteria for benefits limited to defaulters. (Para 7 , 8)
4. concept of regularization of payments akin to one-time settlement. (Para 9 , 10)
5. benefits of the scheme limited to defaulters only. (Para 11 , 12 , 13)
6. contractual terms binding; interest not charged on timely payments. (Para 14 , 15 , 16)
7. writ petition dismissed. (Para 17)

JUDGMENT

Mr. Augustine George Masih, J.

Petitioner asserts that he is a person who would fall in the category of 'oustees' whose land has been acquired at Village Kherli Kankar, District Nuh, Haryana. Award was pronounced on 21.05.2010 and would be, thus, covered under the Relief and Rehabilitation Policy dated 07.12.2007 notified by the Government of Haryana. Granting him the benefit of the said Policy, he was allotted residential Plot No. 17, Sector 21, Village Kherli-Kankar at IMT-Sohna vide Regular Letter of Appointment dated 20.01.2020 bearing reference no. 3390.

2. Smt. Bimla Devi Mangal, who was mother of the petitioner, was allotted Plot No. 22, Sector 21, Village Kherli-Kankar at IMT-Sohna vide Regular Letter of Appointment dated 20.01.2020 bearing reference no. 3386. His mother's plot was subsequently transferred in the name of the petitioner vide letter no. 35 dated 02.08.2021 on she having expired on 11.02.2020. Petitioner had been depositing regularly the instalments, as have been fixed under the Regular Letter of Allotment. Out of the total eight instalments, petitioner had deposited six instalments and the 7th instalment will fall due for payment on 30.06.2023.

3. Petitioner came to know from the other beneficiaries of the Relief and Rehabilitation Policy that on 07.05.2022, the Board of Directors of Haryana State Industrial and Infrastructure Development Corporation Ltd.-respondent No. 1 has taken a decision, which reads as follows:-

"the eligible ex-landowners of IMT Sohna who were issued certificate of entitlements (CoE) under R and R Policy but had not deposited 10% payment of plot cost shall be charged at the rate of allotment for residential plots @ Rs. 6500/-psm. Further, interest @12% p.a. shall be charged on above rate of allotment from the date of issuance of demand notice for 10% payment till the payment is made. The Board further resolved that such allottee(s) shall not transfer the plot till 5 years from date of issue of Regular Letter of Allotment (RLA). If such allottee(s) transfer the plot within 5 years from date of issuance of RLA, they shall pay the fee equivalent to differential of rate between Rs. 7800/-psm and Rs. 6500/-psm for such transfer."

4. The petitioner, who had been allotted the above-referred to two plots, was being charged @Rs. 7800/-per sq. mtr., whereas the other beneficiaries of the Relief and Rehabilitation Policy, were being granted the benefit of lower rate of allotment i.e. Rs. 6500/-per sq. mtr. Petitioner asserts that he would be entitled to the same benefit as he is the beneficiary of the same Policy where the land has been allotted in pursuance to the same acquisition qua which the others have been granted the benefit denying the same benefit to the petitioner merely on the ground that the petitioner had been regularly paying the instalments and has even paid 10% of the plot cost at the initial stage as per the Letter of Allotment whereas premium is being given to the other oustees, who have even failed to deposit the initial amount of 10% of the plot cost. Petitioner, on this basis, asserts that when he had put forth his claim for the said benefit vide representation dated 13.12.2022, the same was rejected by the respondent vide communication dated 27.12.2022 (Annexure P-12), which has been challenged by the petitioner in the present writ petition.

5. Learned counsel for the petitioner submits that the denial of the petitioner the b

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