Case Note & Summary
The dispute arose from the appeals filed by Aayush Buildwell Pvt. Ltd. against the orders of the High Court of Punjab and Haryana regarding the allotment of plots by the Haryana Urban Development Authority (HUDA). The appellant applied for a plot in response to an advertisement issued by HUDA in January/February 2006, submitting earnest money and a project report. However, the appellant's earnest money was refunded without explanation, leading to the filing of a writ petition challenging the allotment process. The High Court found the allotment process arbitrary and set aside the allotments made, providing options for a fresh allotment process. The appellant later filed special leave petitions, arguing for eligibility based on comparative merits. The Supreme Court analyzed the appellant's claims, referencing previous judgments that established that no legal right to allotment arises from a cancelled or vitiated process. The court noted that the appellant had not challenged the allotment criteria nor demonstrated eligibility. Ultimately, the court held that the appellant's right had not crystallized and directed HUDA to consider the appellant's case for allotment if it met the necessary criteria. The appeals were disposed of accordingly.
Headnote
A) Administrative Law - Allotment Eligibility - Criteria for Allotment - Haryana Urban Development Authority Act, 1977 - The court held that the appellant was not eligible for allotment as per the Selection Committee's decision and thus could not claim a right to allotment. The court directed that if the appellant fulfills the criteria laid down by HUDA, its case for allotment should be considered (Paras 11-12).
Issue of Consideration
Whether the appellant was eligible for allotment of a plot and if the court could direct a fresh allotment process allowing ineligible candidates to participate.
Final Decision
The Supreme Court held that the appellant's right had not crystallized and directed HUDA to consider the appellant's case for allotment if it fulfilled the criteria laid down by HUDA.
Law Points
- Eligibility for allotment
- Right to Information
- Arbitrariness in allotment process
- Res judicata
- Compliance with allotment criteria
