M.M.KUMAR,J. - (1.) THE petitioner is a private limited company providing medical services and is running hospitals. The company is aggrieved by non allotment of hospital site in Sector 51, Gurgaon and has also challenged the allotment made in favour of another private limited company-respondent No. 5. Consequently a prayer for quashing allotment letter dated 27.9.2005 ( Annexure P.4) has been made on the principal ground that the allotment is against the terms and conditions of public notice and is wholly arbitrary.
(2.) BRIEF facts which have lead to the filing of the instant petition are that Haryana Urban Development Authority issued a public notice on 14/15.6.2005 ( Annexure P.1) inviting applications for allotment of hospital sites at Gurgaon and Faridabad. Last date for submission of application was 29.6.2005. However, on account of poor response, the HUDA- respondent No. 2 issued a re- advertisement on 7.7.2005. The petitioner submitted its application on 28.6.2005 (annexure P.2). The respondent No. 5 also submitted its application on 15.6.2005 (Annexure R.1). The application of respondent No. 5 initially was for allotment of the hospital site in Sector 23 A Gurgaon which was bigger size of plot of 12 acres whereas the site for Sector 51 has smaller size of plot of 8.30 acre. Respondent No. 5 had also mentioned in the application that in case it was not successful in the allotment of a plot in Sector 23 A then its application be considered for allotment in Sector 51 which was of smaller size. However, after the readvertisement on 7.7.2005 wherein the last date for submission of application was extended to 20.7.2005, respondent No. 5 sent another letter dated 18.7.2005 pointing out that the area of hospital site in Sector 23A infact is almost the same i.e. 8.66 acres as that of plot in Sector 51. Therefore, they showed their preference for hospital site in Sector 51 and not in Sector 23 A. Respondent No. 5 had also mentioned that the hospital site in Sector 23 A had an ammunition depot which divides the plot and no construction is permitted in that area of 5.20 acres. The construction area thus left to be used was 3.46 acres. In addition, it was also pointed out that 15 meters on the front side and 10 meters each on the left and right sides of the plot has to be left open which leaves only 2.36 acres of usable area. Respondent No. 5 also highlighted that there was a cremation ground adjacent to the plot and the approach roads to the site are only 18 meters wide as compared to other hospital sites having 30 meters wide road. On that basis respondent No. 5 shifted its priority from hospital site in Sector 23 A to the one in Sector 51, Gurgaon. The allegation of the petitioner is that it was fully eligible in terms of the public notice and respondent No. 5 had only applied for allotment of hospital site in Sector 23 A. Hence, the petitioner was the sole applicant for the hospital site in Sector 51 whereas respondent No. 5 was the sole applicant for hospital site in Sector 23A. However, the allegation is not correct as per the reply filed by HUDA and its officers-respondent Nos. 2 to 4, which has already been noticed in the preceding paras. The application of the petitioner viz.a.viz respondent No. 5 was considered by the Screening Committee of seven members comprising of : 1. Chief Administrator, HUDA - Head of the Committee; 2. Director General, Health Services; 3. Chief Town Planner, HUDA;
(3.) CHIEF Controller of Finance, HUDA;;