- (1.) Challenge in the present present writ petition is to the allotment of institutional plots advertised for sale by Haryana Urban Development Authority (for short 'the HUDA'), an authority constituted under Haryana Urban Development Authority Act, 1977 (for short 'the Act') in Sectors 20-A & 20-B, Faridabad. Similar is the challenge in CWP Nos.3821 of 2008 & 14643 of 2008.
(2.) Though the challenge in all the writ petitions is common i.e. allotment of plots to private respondents, but in CWP No.2297 of 2007, the petitioner has also challenged the advertisement (Annexure P-17) inviting offers for allotment of plots in a fixed time and claims right of allotment of plot on the basis of Scheme (Annexure P-2), whereby such plots were advertised for sale on 'first come first served' on on-going basis.
(3.) Section 15 of the Act empowers the HUDA to dispose of the land in such a manner and subject to such terms, as it considers expedient for securing development of the area. The procedure for sale or lease of land/building by allotment is mentioned in Regulations 3 & 5 of Haryana Urban Development (Disposal of Land and Building) Regulation, 1978 (for short 'the Regulation') framed under the Act. HUDA is competent to dispose of its land or building by way of sale or lease either by allotment or by auction, which may be by open bid or by inviting tenders. It is Regulation 5, which prescribes the procedure for sale.;