JUDGEMENT
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(1.) The petitioner, by way of the present writ petition, prays for
quashing of the order, dated 5.2.2007 (Annexure P-5), declining to allot
land to it. It is also prayed that a plot of land be allotted to the petitionersociety.
Counsel for the petitioner contends that M/S Swatantra Land
and Finance Co. Pvt. Ltd-respondent No.3 has been allotted 32 kanals and 9
marlas of land, situated in village Itmadpur, Tehsil and District Faridabad
for a sum of Rs.3,26,81,207/- and, therefore, similar allotment of land be
made to the petitioner society. It is contended that the petitioner's request
for allotment of land has been wrongly rejected, vide the impugned order.
C.W.P No. 4209 of 2007 ::2::
(2.) The petitioner's plea for allotment of land is in no manner dissimilar to the
case of respondent No.3 and, therefore, respondents No.1 & 2 were
obliged, in law, to allot a plot to the petitioner society.
We have heard learned counsel for the petitioner and perused
the paper book.
(3.) The petitioner's case for allotment of a plot has been duly
considered by the Estate Officer, HUDA, Faridabad. There is no parity
between the case of the petitioner and respondent No.3. As is apparent
from the impugned order, land, belonging to the HUDA, was transferred to
respondent No.3, as these pockets of land were surrounded by land, owned
by respondent No.3 and could not be put to any use. The petitioner's claim
bears no similarity to the allotment, made to respondent No.3. The
circumstances of the petitioner and respondent No.3, are entirely different.
In the absence of any parity between them, reliance by the petitioner upon
the allotment, made to respondent No.3, does not vest any legal right in it to
claim allotment. The impugned order does not suffer from any illegality, as
regards the petitioner's claim. Whether the allotment to respondent No.3 is
legal or valid is a matter apart.
In view of what has been noticed herein above, the present
petition lacks merit and is dismissed.;
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