Allotment of plot

Land loser/Oustees policy – Price to be charged -- Application for allotment was made in 1990 -- On 9.9.1991, HUDA advertised the residential plots in the sectors developed from the acquired lands for allotment, wherein the allotment rate was shown as Rs.1032 per sq.m. for plots and in the year 1993, price was increased to Rs.1342/- per sq.m. -- Should the land loser who promptly made the application in 1990 be made to suffer, because of the inaction on the part of HUDA in making the allotment – Policy clearly states that “claims of the oustees shall be invited before the sector is floated for sale” – This is also reiterated in the subsequent scheme dated 19.3.1992 – Prices to be charged will be the rate which is equal to the rate that is fixed when the sector was first floated for allotment -- Appellants should therefore be allotted plots under the scheme at the initial price at which the Layout/Sector plots were first offered for sale after the acquisition. Brij Mohan & others v. Haryana Urban Development Authority & Another, 2011(1) L.A.R. 378 (SC).

Petitioner was allotted plot, which was under litigation and the allotment letter was to be issued to the petitioner on vacation of stay – In lieu of this plot, the draw of lots was held for allotment of alternative plot to the petitioner, the petitioner was successful in draw of lot -- Allotment still could not be made in the favour of the petitioner -- No reasons are forthcoming in this regard – Writ is allowed but subject to the condition that the petitioner would pay 50% more price than the original price as fixed alongwith the interest. Gobind Ram Garg v. Haryana Urban Development Authority and another, 2011(1) L.A.R. 464 (P&H).