- (1.) The Haryana Urban Development Authority had invited applications from the persons satisfying the prescribed criteria for allotment of school sites. The purpose was to establish more High Schools, Primary Schools, or Nursery Schools in zone area ear-marked for the schools in the Panchkula in the State of Haryana. Various persons had submitted the applications, and sites were allotted to different persons/trust and bodies for establishment of such schools. The process of selection adopted by the Haryana Urban Development Authority was challenged in a Writ Petition No. 1303 of 1992 and the petitioners therein prayed for cancellation of the allotment of sites. Learned single Judge of this Court, vide judgment dated 11-9-1992 (reported in AIR 1993 Punj and Har 71), accepted the writ petition and issued certain directions to Haryana Urban Development Authority in relation to fresh allotment of the site in question.
(2.) This judgment of learned single Judge was challenged before the Letter Patent Bench. The Letter Patent Bench, vide its order dated 1/03/1996, passed in Letter Patent Appeal No. 1368 of 1992 (reported in AIR 1996 Punj and Har 228) affirmed the judgment of the learned single Judge. However, the Bench also gave further directions to the respondents-authorities in regard to disposal of site.
(3.) The judgment of the Letter Patent Bench was assailed before the Hon'ble Apex Court. The Hon'ble Apex Court, vide its judgment dated 15-7-1996, in the case of New India Public School v. Huda, reported in (1996) 7 JT (SC) 103 , held as under :- "5. The Division Bench has doubted bona fides in the allotments in question as expressly found in the judgment. Since, the learned single Judge had accepted the averments, but the Division Bench was not inclined to accept the same and doubted the bona fides of the actions of the authorities and resultant allottees, due to absence of any strong material, we cannot lightly brush aside or disagree with the observations made by the learned Judges of the Division Bench. Under those circumstances, we are inclined to uphold the order of the Division Bench, subject to the following further directions. While accepting the directions, given by the Division Bench we further add that the Committee would, as suggested by the Division Bench, in evaluating the property, determine the market value of the sites allotted prevailing as on 11/09/1992 in the light of the directions issued in the judgment. After the determination so made, an option would be given only to the petitioners i.e. Ajay Memorial School, Ashok Trehan Memorial Charitable Trust and Manav Mangal Society and Lt. Col. Y. P. Mahindru, for payment of the market price in lump sum. In the event of their accepting the offer the same shall be laid before the first Court of the High Court to obtain the approval thereof. The High Court, before giving approval, would consider the valuation and other relevant material. The HUDA also is directed to frame an appropriate scheme for allotment of the sites under discretionary power or other mode otherwise than by public auction and then place the scheme before the first Court of the High Court and obtain approval of the validity and correctness of the scheme and would thereafter proceed with the disposal of properties in future. As far as allotment to the petitioners, viz., Ajay Memorial School, Ashok Trehan Memorial Charitable Trust and Manav Mangal Society and Lt. Col. Y. P. Mahindru, in these special leave petitions is concerned, the same will be subject to the above directions and in the event of their non-acceptance, the properties should be put to public auction along with other sites and buildings. The plot allotted to the rest of the petitioners other than those cases where notices were issued, will be subject to the directions issued by the Division Bench. The other unallotted plots also should be put to public auction as ordered by the Division Bench.";