Case Note & Summary
The dispute arose from the allotment of plots to the appellant, who was a Superintendent in the office of the Advocate-General, Haryana. The appellant applied for two plots in Panchkula, one under the general category and another under the Government employees quota. She was selected for both but opted to retain the general category plot. However, the Haryana Urban Development Authority (HUDA) cancelled her allotment under the general category due to her ineligibility for holding more than one plot. The appellant accepted this cancellation, believing she would receive the plot under the Government employees quota. A requirement for the latter allotment was the submission of an Integrity Certificate within 90 days, which the appellant could not provide due to pending criminal proceedings. After obtaining the certificate, she approached the High Court for relief, which dismissed her petition on the grounds of non-compliance with the 90-day requirement. The Supreme Court found that the cancellation of the general category plot was based on the incorrect assumption that the appellant would receive the Government employees quota plot. The court ruled that if she was not eligible for the latter, she should not have been denied the former. Given the unique circumstances, the court directed HUDA to accept the late submission of the Integrity Certificate and confirm the allotment of the plot under the Government employees quota, with the price adjusted to the date of certificate submission. The decision was specific to the facts of the case and not to be treated as a precedent.
Headnote
A) Administrative Law - Allotment of Government Land - Eligibility for Allotment - Haryana Urban Development Authority Act, 1977, Section Not mentioned - The appellant was denied the allotment of a plot under the Government employees quota due to the late submission of an Integrity Certificate. The court held that the peculiar circumstances of the case warranted the acceptance of the belated certificate and confirmed the allotment of the plot. (Paras 6-8)
Issue of Consideration
Whether the appellant was entitled to the allotment of Plot No. 946 under the Government employees quota despite the delay in producing the Integrity Certificate.
Final Decision
The Supreme Court allowed the appeal and directed HUDA to confirm the allotment of Plot No. 946 under the Government employees quota, subject to payment of the price applicable as on the date of the Integrity Certificate submission.
Law Points
- Allotment of plots
- Government employees quota
- Integrity Certificate requirement
- Cancellation of allotment
- Special circumstances
