- (1.) This order shall dispose of the above six petitions i.e. C.W.P Nos. 19352 to 19357 of 2010 as common question of facts are involved in all these petitions. However, for the facility of reference, the facts are being taken from C.W.P No. 19352 of 2010. The above said petitions have been filed under Article 226/227 of the Constitution of India for issuing a writ in the nature of certiorari for quashing the impugned award dated 24.05.2010 (P-3) passed by respondent No. 1
(2.) Brief facts of the case are that respondent No. 2-R.N. Yadav moved an application under Section 22 of Haryana State Legal Authority Act (for short 'the Act') before the Permanent Lok Adalat (Public Utility Services), Gurgaon on 13.01.2010 for a direction to the respondents/petitioner to charge Rs. 900/- per sq meter instead of Rs. 1800/- per sq meter.
(3.) Respondent No. 2 had applied for an industrial plot for an area of 1100 sq meter in the year 2004 and had deposited the earnest money along with the application form. Vide order dated 14.03.2006, the allotment committee recommended the allotment of 3 adjoining plots of = acre to respondent No. 2. But since three adjoining plots of = acres were not available, the sanction was taken from higher authorities for bifurcation of Plot N. 75 which was measuring 02 acres. Hon'ble the Chief Minister finally granted approval for the creation of a new plot No. 75 A after bifurcation but ordered that the allotment shall be made on the current rate of Rs. 1800/- per sq meter as applicable in the financial year 2007-08. The stand taken by the petitioner by way of their reply in the Permanent Lok Adalat as P-2. Thereafter, the impugned award dated 24.05.2010 (P-3) has been passed by respondent No. 1-Permanent Lok Adalat (Public Utility Services), Gurgaon by observing in paragraph 3 and 4 as under:-- "3. We have heard Ld. Counsel for the parties and have gone through the pleadings. Allotment of industrial plot has been made at a belated stage by the respondent. There is no fault of the petitioner. He can not be burdened with extra charges. The respondents can only charge original allotment rate of the plot in question from the applicant. Ld. Counsel for the applicant has not pressed interest and extra area. 4. So, we direct the respondents to charge rate of Rs. 900/- per sq meter as per original allotment made to the applicant and other allottees as there is no special location made out. This will not effect the rights of the respondents to claim enhanced amount if any charged by the respondents in pursuance of any order passed by the respondents in pursuance of the verdict of Ld. Distt. Judge or Hon'ble High Court or Hon'ble Supreme Court in land acquisition cases of land comprising the present plot or land in question. The petition is disposed of accordingly.";