Case Note & Summary
The dispute arose between a group of petitioners and the Union of India regarding the allotment of plots by the coloniser, M/s. Durga Builders (P) Ltd. The petitioners filed writ petitions under Article 32 of the Constitution, claiming that they had not received proper allotments despite having made payments. The coloniser contended that allotments had been made to those who paid in full, while some petitioners disputed the revised payment demands due to increased plot sizes and developmental charges. The court noted that the coloniser had made efforts to resolve the issue and suggested that the Haryana Town and Country Planning Authority could increase density norms to accommodate the petitioners. The court directed the Department to determine if it was feasible to reduce plot sizes and to ensure that all petitioners could be accommodated in the pending scheme. The coloniser agreed to abide by the original price of land and the court emphasized the need for timely resolution of the matter, allowing the petitioners to approach the court for further directions if necessary. The writ petitions were disposed of without costs.
Headnote
A) Constitutional Law - Article 32 - Writ Petition for Allotment of Land - Petitioners sought allotment of plots from the coloniser, alleging non-compliance with payment terms. The court directed the Haryana Town and Country Planning Authority to explore increasing density norms to accommodate all petitioners in the existing scheme. Held that the Department should assess the feasibility of reducing plot sizes to resolve the issue (Paras 4-5).
Issue of Consideration
Whether the petitioners are entitled to allotment of plots and resolution of disputes regarding payment and land area adjustments.
Final Decision
The court directed the Haryana Town and Country Planning Authority to explore increasing density norms to accommodate all petitioners in the existing scheme and emphasized the need for timely resolution of the matter. The writ petitions were disposed of without costs.
Law Points
- Article 32 of the Constitution of India
- land allotment
- developmental charges
- density norms
- Haryana Town and Country Planning Authority
- contractual obligations
