Full Judgment Text
CANo. of 2010 @ SLP(C) 4907 of 2008
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7073 OF 2010
(ARISING OUT OF SLP(C) NO. 4907 OF 2008)
RATTAN LAL & ORS. ..... APPELLANTS
VERSUS
STATE OF HARYANA & ORS. ..... RESPONDENTS
O R D E R
1. Leave granted.
2. Land belonging to the appellants predecessors was
acquired some time in the year 1986. It is the admitted
position that on account of various interim orders made
by the High Court, the appellant still remains in
possession of the said land. The appellants also filed
Writ Petition No. 6696/1995 in the High Court of Punjab
and Haryana and the primary issue raised was that they
were entitled to allotment of plots being oustees. The
nd
High Court vide its judgment dated 2 September, 1996,
directed that the appellant should first approach the
respondent-HUDA with a formal application so that a
CANo. of 2010 @ SLP(C) 4907 of 2008
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decision could be taken on their claim. An application
was, accordingly, filed before the Chief Administrator
nd
on 22 February, 2001. The application was rejected by
th
the Screening Committee on 7 September, 2004 and the
th
information was conveyed to the appellant on 11
October, 2004. The reason for the rejection was that
the Scheme for allotment of plots to oustees had been
th
formulated only with effect from 10 September, 1987 and
as the appellants' land had been acquired prior to that
date, they could not be treated as oustees. The order
th th
dated 7 September, 2004 and 11 October, 2004 were
challenged by the appellants in the High Court. The
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High Court has vide impugned order dated 10 December,
2007 dismissed the writ petition making some
observations which have no bearing on the matter and are
irrelevant.
3. After hearing the learned counsel for the parties,
we are of the opinion that issues with regard to the
claim of the appellants have not been answered by the
High Court and some observations not required in the
writ petition have been recorded. We have,
accordingly, no option but to allow the writ petition,
th
set aside the order dated 10 December, 2007 and remit
CANo. of 2010 @ SLP(C) 4907 of 2008
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the matter to the High Court for decision afresh.
4. Parties to appear before the Registrar, High Court
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of Punjab and Haryana at Chandigarh on 10 November,
2010. No costs.
........................J
[HARJIT SINGH BEDI]
........................J
[CHANDRAMAULI KR. PRASAD]
NEW DELHI
AUGUST 25, 2010.