M.M.KUMAR,J - (1.) IF settled principles of law are flagrantly violated by those who are entrusted with the duty to apply those principles then gullible public is bound to walk with the impression that the system moves only on extraneous considerations and not on relevant one. When the law declared under Article 141 of the Constitution becomes binding on each and every individual then at least it is safe to presume that it is known to the parties. When those filled with greed gain confidence setting in motion the moves that the settled principles of law could be shelved then such people acquire guts and confidence to defeat such principles. These set of petitions filed under Articles 226 of the Constitution, thus, reveal thinking of such persons who perhaps have hoped that no one is likely to know about their acts and they could execute their operation without being caught. But vigilant petitioners have come forward exposing their designs and unholy intentions to shelve settled law.
(2.) THIS order shall dispose of C.W.P. Nos. 2748, 7790, 8974, 9962, 11339 and 11501 of 2007. It is appropriate to mention that another writ petition being C.W.P. No. 17138 of 2006 (M/s Sigma Corporation India Ltd. v. The Haryana Urban Development Authority and others) was also filed involving similar issues. However, the said writ petition has been sought to be withdrawn by filing Civil Misc. No. 15033 of 2007 in C.W.P. No. 17138 of 2006, which we permitted vide order dated 3.10.2007. At the same time, Civil Misc. No. 16953 of 2007 in C.W.P. No. 11501 of 2007 (Uniways Laboratories Pvt. Ltd. v. The Haryana Urban Development Authority and others) was filed by the petitioner of the said petition seeking permission of this Court to withdraw from the writ petition. While allowing the said application vide our order dated 10.10.2007, we also directed that C.W.P. No. 11501 of 2007 be treated as 'Court on its own motion' in terms of order dated 6.5.1999, passed in C.W.P. No. 5645 of 1995 (Kulbir Singh v. State of Punjab). Mr. R.S. Cheema, Senior Advocate, has readily accepted to act as amicus curiae to assist the Court. For the sake of brevity, facts are being mentioned from C.W.P. No. 7790 of 2007. This petition challenges the action of Haryana Urban Development Authority (for brevity, 'the HUDA') in allotting Corporate Offices plots to the private respondents and prays for issuance of direction to HUDA to consider and allot the petitioner one half acre plot in Sector 44, Gurgaon, in terms of the advertisement/brochure. The petitioner is a company having its Head Office at Hisar. It is claimed that the financial position of the petitioner-company is very sound and it has customers all over India, which includes Government bodies, leading Public Sector Undertakings and leading Private Sector Companies etc. The primary objective of the petitioner-company is to carry business of transportation of goods carriers by all means of transport viz. land, sea, inland waterways and air.
(3.) IN January/February 2006, HUDA issued an advertisement in various National newspapers for allotment of free hold institutional plots of various sizes for Corporate Offices, Research and Development Centres, Corporate Towers and Staff Training Institutes in Sectors 18, 32 and 44, Gurgaon and Sector 20A and 20B, Faridabad. The booking commenced from 10.2.2006 and closed on 10.3.2006. As per brochure Annexure P-3, following is the details of plots, which were offered for allotment :- GURGAON Category of Plots Size in mtrs. No. of Plots for Govt. Organizations No. of Plots for Private/Non Govt. Organizations SECTOR-18 1 acre (4000 sqm.) 1 - 1/2 acre (2340 sqm.) - 1 SECTOR-32 1/2 ACRE (37 x 60) 4 4 SECTOR-44 4 acre (140 x 120) - 1 2 acre (80 x 100) 1 2 1 acre (50 x 90) 1 - 1/2 acre (35 x 60) 13 13 1/4 acre (20 x 50) 1 1 2 Bays (13 x 41.5) 7 - 4 Bays (26 x 41.5) 7 - FARIDABAD Category of Plots Size in mtrs. No. of Plots for Govt. Organizations No. of Plots for Private/Non Govt. Organizations SECTOR-20A 2 acre (98.75 x 80) 6 6 1 acre (50 x 80) 10 10 1/2 acre (30 x 60) 2 2 1/4 acre (20 x 40) 16 16 SECTOR-20B 2 acre (8000 sqm.) 6 6 1 acre (50 x 80) 8 8 1/2 acre (2000sqm.) 1 1 1/4 acre (20 x 50) 5 5 ;