As per case facts, petitioners' land was acquired, and they applied for residential plots under an oustee policy. Allotment letters, issued after significant delay, demanded lump-sum payment within a short ...
CWP-22302-2024 (O&M) and other connected cases
1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Reserved on : 20.01.2026
1. CWP-22302-2024 (O&M)
OMBIR AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
2. CWP-11273-2025 (O&M)
DALBIR AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
3. CWP-12043-2025 (O&M)
NAND KISHOR AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
4. CWP-13775-2025 (O&M)
MEHAR SINGH ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
5. CWP-15409-2025 (O&M)
TAHAR SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
6. CWP-15488-2025 (O&M)
BHARAMJEET SINGH ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
7. CWP-15552-2025 (O&M)
NARESH KUMAR ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
2
8. CWP-15557-2025 (O&M)
RAMESH ALIAS RAMESH CHANDER ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
9. CWP-18496-2025 (O&M)
AMIT AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
10. CWP-18497-2025 (O&M)
NARESH KUMAR CHAUHAN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
11. CWP-18498-2025 (O&M)
JAI KISHAN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
12. CWP-18501-2025 (O&M)
NIRMAL SINGH ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
13. CWP-18502-2025 (O&M)
ANAND SARUP AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
14. CWP-18503-2025 (O&M)
SUDESH ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
15. CWP-18504-2025 (O&M)
PRATAP AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
3
16. CWP-18513-2025 (O&M)
SANJAY KUMAR AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
17. CWP-18549-2025 (O&M)
MAHAVEER SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
18. CWP-5585-2025 (O&M)
SHAKUNTALA ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
19. CWP-31476-2025 (O&M)
ANIL KUMAR AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
20. CWP-26766-2025 (O&M)
TEJ SINGH CHAUHAN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
21. CWP-26767-2025 (O&M)
SANTOSH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
22. CWP-36264-2025 (O&M)
BRAJ PAL AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
23. CWP-36265-2025 (O&M)
AMAR SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
4
24. CWP-36317-2025 (O&M)
NIRMALA DEVI ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
25. CWP-34557-2025 (O&M)
JAIDEEP AND ORS ...Petitioners
V/S
STATE OF HARYANA AND ORS ...Respondents
26. CWP-37852-2025 (O&M)
HOSHIYAR SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
27. CWP-37857-2025 (O&M)
MANJEET DHAKA AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
28. CWP-37864-2025 (O&M)
SATISH KUMAR ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
29. CWP-37876-2025 (O&M)
ABHINAV CHAUHAN ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
30. CWP-37877-2025 (O&M)
ANGOORI DEVI ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
31. CWP-37878-2025 (O&M)
VIRENDER AND ANOTHER ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
5
32. CWP-37880-2025 (O&M)
NARESH CHAUDHARY ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 21.01.2026
33. CWP-38330-2025 (O&M)
AMAR SINGH CHAUHAN ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
34. CWP-38331-2025 (O&M)
PINKI CHAUHAN ...Petitioner
V/S
STATE OF HARYANA AND ORS ...Respondents
Reserved on : 22.01.2026
35. CWP-32805-2025 (O&M)
RAVINDER PAL ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
36. CWP-34433-2025 (O&M)
M/S AISHWARYA GROVERS PVT. LTD. ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
37. CWP-34827-2025 (O&M)
RAJESH MITTAL AND ANOTHER ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 23.01.2026
38. CWP-1775-2026 (O&M)
KAPTAN SINGH AND ORS. ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
6
39. CWP-1822-2026 (O&M)
OMBIR SINGH AND ORS. ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
40. CWP-1828-2026 (O&M)
UNESH KUMAR AND ANOTHER ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 29.01.2026
41. CWP-34561-2025 (O&M)
SURESH KUMAR ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 30.01.2026
42. CWP-2248-2026 (O&M)
SAROJ DEVI ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
43. CWP-2426-2026 (O&M)
DHARAMPAL JAI SINGH CHAUHAN ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
44. CWP-2522-2026 (O&M)
PREM WATI AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 12.02.2026
45. CWP-21585-2025 (O&M)
POOJA CHAUHAN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
7
46. CWP-21611-2025 (O&M)
DILBAGH SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
47. CWP-21654-2025 (O&M)
GANDHI CHAUHAN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
48. CWP-21704-2025 (O&M)
RAMESH AND ANOTHER ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
49. CWP-23938-2025 (O&M)
RAVI KUMAR AND ANR ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
50. CWP-24075-2025 (O&M)
VISHAL MALIK AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
51. CWP-24806-2025 (O&M)
SATBIR SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
52. CWP-24812-2025 (O&M)
DILBAG SINGH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
8
53. CWP-24813-2025 (O&M)
ANIL AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
54. CWP-24822-2025 (O&M)
NARESH DEVI AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
55. CWP-24862-2025 (O&M)
KIRAN AND ANR ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
56. CWP-24917-2025 (O&M)
SAVITA AND ANR ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
57. CWP-25724-2025 (O&M)
KRISHAN CHAND KHATRI AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
58. CWP-25735-2025 (O&M)
PREM WATI AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
59. CWP-31856-2025 (O&M)
ASHOK ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
CWP-22302-2024 (O&M) and other connected cases
9
60. CWP-31857-2025 (O&M)
SANTOSH AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
61. CWP-31860-2025 (O&M)
PANKAJ CHAUHAN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 13.02.2026
62. CWP-4483-2026 (O&M)
RAM DAS AND ANOTHER ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
Reserved on : 24.02.2026
63. CWP-3593-2026 (O&M)
RISHI PARKASH ...Petitioner
V/S
STATE OF HARYANA AND OTHERS ...Respondents
64. CWP-13030-2025 (O&M)
SATISH JAIN AND OTHERS ...Petitioners
V/S
STATE OF HARYANA AND OTHERS ...Respondents
1. Date when Order was reserved Sr. No.1 to 32 (on 20.01.2026)
Sr. Nos.33 & 34 (on 21.01.2026)
Sr. Nos.35 to 37 (on 22.01.2026)
Sr. Nos.38 to 40 (on 23.01.2026)
Sr. No.41 (on 29.01.2026)
Sr. Nos.42 to 44 (on 30.01.2026)
Sr. Nos.45 to 61 (on 12.02.2026)
Sr. No.62 (on 13.02.2026)
Sr. Nos.63 to 64 (on 24.02.2026)
2. Date of Pronouncement of Order 25.02.2026
3. Date of uploading order 25.02.2026
4. Whether operative part or full
order is pronounced
FULL
CWP-22302-2024 (O&M) and other connected cases
10
5. Delay, if any, in pronouncing of
full order, and reasons thereof
Not Applicable
CORAM: HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL
HON’BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. Amit Jhanji, Senior Advocate with
Mr. Shashank Shekhar Sharma, Advocate;
Mr. Ajit Malik, Advocate,
Mr. Ashok Kaushik, Advocate
Mr. Sunny Chauhan, Advocate;
Mr. Vikram Singh Punia, Advocate,
Mr. Alok Jain, Advocate,
for the petitioner(s).
Mr. Pravindra Singh Chauhan, Advocate General, Haryana with
Mr. Deepak Bhardwaj, Addl. Advocate General, Haryana;
Mr. Ankur Mittal, Senior Advocate with
Ms. Ashna Singh, Advocate and
Mr. Deepak Sabherwal, Advocate
for the respondents-HSVP.
Mr. Gaurav Bansal, DAG, Haryana.
****
DEEPAK MANCHANDA, J.
1. By this common order, the bunch of aforementioned writ petitions
shall stand disposed of, as they involve similar questions of law with respect to
the reliefs claimed by the petitioners–oustees. Arguments have been heard in the
petitions, in relation to issues arising out of the settled law and the policies so
framed. The said issues are being dealt with collectively in the present writ
petition, i.e. CWP-22302-2024. Further, though some questions do not arise out
of facts of the same but findings recorded herein would be relevant for most of
the writ petitions. Accordingly, the facts of CWP No.22302-2024 are being
considered for the purpose of adjudication of all the connected petitions.
2. That the facts giving rise to the present writ petition are that the land
of the petitioners was acquired vide Notification dated 17.11.2005 issued under
Section 4 of the Land Acquisition Act, 1894 for the establishment of Rajiv
CWP-22302-2024 (O&M) and other connected cases
11
Gandhi Education City, Sonipat, and Award was announced on 02.03.2006.
Subsequently, in the year 2010, the respondents framed a policy for allotment of
residential plots to the oustees whose land had been acquired for the aforesaid
project. Applications were invited from eligible landowners and the last date for
submission of applications was 25.07.2010. The petitioners, being eligible
oustees, duly applied within the prescribed period and deposited an amount of
Rs.50,000/- as earnest money along with their respective application forms.
Thereafter, the respondents issued allotment letters dated 19.03.2019,
20.03.2019, 26.03.2019 and 29.07.2019 (Annexures P-12 to P-16) demanding a
rate of Rs.19,200/- per square meter and imposed erroneous conditions requiring
the petitioners to deposit 25% of the total cost within 30 days and the balance
amount within 60 days, failing which the allotments were liable to be cancelled.
3. It is pleaded that similarly situated oustees were granted the benefit
of instalment payments vide letter dated 25.01.2017 (Annexure P-8), whereby
they were permitted to deposit the remaining 75% amount in six equal annual
instalments spread over six years. Aggrieved by the arbitrary terms, the
petitioners earlier filed CWP No.571 of 2024, which was dismissed as
withdrawn on 06.02.2024 with liberty to approach the respondent-authority.
However, instead of granting relief, the respondents rejected the claim of the
petitioners vide speaking orders dated 12.07.2024 (Annexures P-22 & P-22-A).
4. It is further pleaded that, despite timely submission of applications
by the petitioners, the respondents failed to conduct the draw of lots for several
years. Consequently, similarly situated landowners were constrained to file
petition bearing CWP No.25952 of 2014, which resulted in directions being
issued to conduct the draw of lots on or before 31.08.2015, however, despite
CWP-22302-2024 (O&M) and other connected cases
12
such directions by this Court, compliance by the respondents remained partial
and delayed and even in the case of the petitioners, vide the impugned speaking
orders dated 12.07.2024 (Annexures P-22 and P-22-A), rejected the claim on the
alleged ground of delay and cancelled the allotment of residential plots under the
oustees quota. The petitioners through this petition have challenged the said
cancellation and sought quashing of allotment letters dated 19.03.2019,
20.03.2019, 26.03.2019, 29.07.2019, (Annexures P-12 to P-16), requiring
deposit of the entire cost in lump sum within a short period, where non-payment
thereof has resulted in cancellation of the allotments. The petitioners have further
prayed for issuance of directions to charge the rate applicable for the year 2010-
11, i.e. Rs.3,960/- per square metre, being the rate charged from SRM University,
Chennai, which had applied in the same financial year. It has also been prayed
that directions be issued to the respondents to issue fresh allotment letters to the
petitioners on the same terms and conditions as extended to similarly situated
oustees, permitting payment over a period of six years in six equal instalments,
instead of insisting upon lump sum payment within 60 days.
5. Learned senior counsel appearing on behalf of the petitioners
submits that the action of the respondents in charging the current price applicable
for the year 2019, i.e. ₹19,200/- per square meter, as stipulated in Clause 4 of the
allotment letters, is wholly arbitrary, illegal, unjust, non-transparent and
discriminatory. It is contended that such action is in clear violation of the law
laid down in the case of Rajiv Manchanda and others Vs. Haryana Urban
Development Authority and another, 2018 (4) RCR (Civil) 508, and in the case
of Ram Lal Mahendru Vs. State of Haryana and others, CWP No.16389 of
2025, decided on 22.12.2025. He further submits that the cancellation of the
CWP-22302-2024 (O&M) and other connected cases
13
allotment vide the impugned orders dated 12.07.2024 (Annexures P-22 and P-
22-A) is equally arbitrary, inasmuch as the same has been effected solely on the
ground of non-payment of the remaining amount within 30 days. Learned senior
counsel, with reference to the allotment letter, submits that the benefit granted to
similarly situated persons in CWP No.13048 of 2019 (Naresh Vs. State of
Haryana and others) and other connected matters has been denied to the present
petitioners on the ground that they could not claim parity as they had not
deposited the remaining amount.
6. It is argued that the said action of the respondents is discriminatory,
since the claim of the petitioners has been rejected merely for non-deposit of the
amount within the stipulated period, whereas, in the judgment rendered in the
case of Naresh (supra) and connected matters, this Court, while allowing the
petitions, extended the time for payment and permitted the allottees to deposit
the amount in instalments over a period of six years, instead of insisting upon
deposit of the entire amount within 60 days as required under Clause 4 of the
allotment letters. Learned senior counsel further submits that since this Court has
already dealt with a similar issue in the case of Ram Lal Mahendru (supra),
wherein a bunch of petitions was allowed with directions to re-determine the
allotment price based on the price prevailing on the date of the
application/advertisement in 2018, instead of the current price being charged,
the action of the respondents is contrary to the mandate of the judgments in Rajiv
Manchanda (supra), Ram Lal Mahendru (supra), and Naresh (supra). As per
the mandate of the judgment in Ram Lal Mahendru (supra), the period for
payment would be six years, to be made in six equal installments, along with
interest at the rate of 5.5% per annum. He further argues that, once the
CWP-22302-2024 (O&M) and other connected cases
14
respondents had accepted the aforementioned judgments, which had attained
finality, and extended the period for payment to six years, the allotment of plots
qua the petitioners should not have been cancelled by imposing a period of 60
days from the date of issuance of the allotment letters and any cancellation on
this ground would be arbitrary and contrary to the settled law.
7. Learned senior counsel has further argued that the delay in
approaching this Court does not disentitle the petitioners from seeking relief as
being pleaded by the respondents, where number of factors need to be
considered. To support his contentions on the issue of delay he has relied upon
the judgements in Ram Autar Singh Yadav Vs. The State of Uttar Pradesh and
others, Civil Appeal No.13806 of 2024 and Sunil Kumar Rai and others Vs.
State of Bihar and others, (2024) 17 SCC 592.
8. Per contra, learned senior counsel appearing for respondents No.2
to 4 – HSVP, while referring to the reply filed, submits that in terms of the
conditions agreed upon in the allotment letters, the petitioners failed to deposit
the requisite amount within the stipulated period. Consequently, the allotments
were cancelled on account of non-compliance with the terms and conditions of
the allotment letters, and the action so taken is fully justified. It is further
contended that petitioners cannot be permitted to take advantage of their own
default in not adhering to the terms and conditions governing the allotment.
9. He further submits that the claim of the petitioners seeking parity
with other persons, to whom relief was granted by this Court vide order dated
20.02.2023 in Naresh (supra) was rightly rejected, as the petitioners are
differently situated from those oustees. He contends that the allotment letters
issued to the petitioners contained similar conditions, varying only with respect
CWP-22302-2024 (O&M) and other connected cases
15
to the amount and the due dates of deposit. Despite being fully aware of the terms
of the allotment letters, the petitioners failed to comply with the same, inasmuch
as they neither deposited 25% of the tentative price nor the remaining 75%
thereof. It is, therefore, argued that the petitioners never accepted the allotment
made in their favour and, consequently, the plots allotted to them stood
automatically cancelled, and the application money deposited by them was
forfeited.
10. We have heard learned counsel for the parties. A plain reading of
the pleadings and the material available on record would show that present bunch
of petitions along with this petition centers around three issues as carved out
hereinbelow, which require adjudication by this Court.
1. Whether the petitioners violated the terms and conditions of
the allotment letters by failing to make the payment in
accordance with the prescribed schedule and, if so, whether
the consequent cancellation of the allotment and forfeiture of
the earnest money disentitling the petitioners from claiming
any damages is legal and sustainable in law?
2. Whether the delay on the part of the petitioners in
approaching this Court disentitles them from claiming relief
on the ground of parity with similarly situated
petitioners/oustees?
3. Whether, after cancellation of the allotment, the petitioners,
being oustees, are entitled to apply afresh at a subsequent
stage as a distinct category in terms of the judgment rendered
in Rajiv Manchanda (supra)?
11. Though the prayers raised in the present petition, regarding the
demand of current price in the allotment letters issued to the petitioners and the
CWP-22302-2024 (O&M) and other connected cases
16
stipulation granting only 60 days time for depositing the remaining 75% of the
amount instead of permitting payment in instalments over a period of six years,
are no longer res integra in view of the judgment rendered by this Court in Ram
Lal Mahendru (supra). The relevant extract of the aforesaid judgment is
reproduced hereinbelow:
“24. The judgment passed in the Rajiv Manchanda’s case
(supra) was delivered in the year 2017, even post that there
has been no corrective change in the respondents’
approach and the same is apparent, where respondents
have deliberately issued the allotment letter dated
09.05.2025 (Annexure P-12) after a delay of about seven
years, charging the current price in clear derogation of the
mandate of the Rajiv Manchanda’s case (supra) as well as
the applicable policy of 2018, and without furnishing any
explanation whatsoever for the inordinate delay from 2018
till 2025.
25. Learned counsel for the petitioner has annexed the rate
list Annexure P-9 for the purpose of drawing the attention
of this Court to the general rates fixed by respondent-HSVP
for allotment in the specific areas including the area which
has been allotted to petitioner under oustee quota.
Therefore, when respondent-HSVP has issued a rate list
though the same may not have been in reference to the
oustees, but it serves the purpose for determining the
prevailing price/rate at the time of application by the
petitioner, who is not at fault as the delay is attributed to
the respondent-HSVP. Therefore, respondents cannot take
a plea that there was no prevailing price rate at the time of
advertisement or the application.
26. Further, the judgments relied upon by the learned
counsel for the respondents have already been considered
and dealt with in the judgment passed in Rajiv
Manchanda’s case (supra), wherein the issue of price has
been finally adjudicated.
CWP-22302-2024 (O&M) and other connected cases
17
27. In view of the above, we are constrained to hold that
the act and conduct of the respondent–HSVP is wholly
unjustified and such repeated mistakes cannot be accepted.
We also cannot lose sight of the fact that once the
respondent–HSVP, by virtue of the settled law in Rajiv
Manchanda’s case (supra), had accepted adjudication on
the issue relating to the rate of allotment to be charged at
the advertised rate or at the application, it is wholly
incomprehensible as to on what basis it subsequently
demanded the current price vide the impugned allotment
letter dated 09.05.2025 (Annexure P-12). Such conduct
appears to be manifestly arbitrary and tainted with mala
fides.
28. Now, the second question relating to the levy of interest
at the rate of 11%, which has been argued at length by both
the parties, requires adjudication. As referred to
hereinabove, in two of the writ petitions forming part of the
present bunch, i.e. CWP No. 21962 of 2025 and CWP
No.35904 of 2025, the petitioners therein have specifically
challenged the levy of interest by the respondents @11%,
terming the same to be exorbitant, and has sought
adjudication on the said issue, the same is required to be
tested on the anvil of the mandate laid down by the Full
Bench in Rajiv Manchanda’s case (supra).
xxx xxx xxx xxx
32. Consequently, we respectfully disagree with the
conclusion drawn by the Coordinate Bench holding that
payment at the advertisement rate along with 11% interest
as the allotment price was well-justified and did not call for
interference and are of the view that such a conclusion
lacks justification, particularly when the issue required
detailed examination and reasoning before recording final
observations qua 11% rate of interest being the
“Reasonable Interest”. Moreover, on the conjoint reading
of the interim order dated 26.04.2022 passed in CWP-
16857-2021, and of the observations made by the
CWP-22302-2024 (O&M) and other connected cases
18
Coordinate Bench in the final order dated 03.10.2023 of
the writ petition, it clearly indicates that if the rate of 11%
interest is not specifically stipulated in Rajiv Manchanda’s
case (supra), then the interest would be charged as per
bank rates prevailing between 2010 till the date of
payment. Therefore, the conclusion of the Coordinate
Bench finalizing the rate of interest at 11% is contrary to
the Full Bench’s judgment in Rajiv Manchanda’s case
(supra), wherein only “Reasonable Interest” was held to
be applicable.
xxx xxx xxx xxx
36. Now for the adjudication of the third question, whether
as per Clause 6 of the allotment letter, the stipulation of 180
days for payment of 75% of the balance amount in lump
sum is justified or arbitrary, as raised in four writ petitions,
i.e. CWP No.31492 of 2025, CWP-28344-2025, CWP
No.25716-2025 and CWP-32859-2025 forming a part of
this bunch. In CWP No. 31492 of 2025, the petitioner
therein has relied upon Annexure P-5, i.e. the allotment
letter dated 01.01.2018, wherein, in the case of similarly
situated oustee, the respondents have granted the option of
six years’ installments for payment of the remaining 75%
instead of 180 days. The relevant extract of the said
allotment letter is reproduced below:-
“6. The balance amount i.e. Rs. 1463922.50/- of
the tentative cost of the plot/building can be paid
in lump-sum without interest within 60 days from
the date of issue of the allotment letter or in 6
Yearly instalments of Rs. 243987.00/-. The first
installment will fall due after the expiry of one year
of the date of issue of this letter. Each installment
would be recoverable together with interest on the
balance price @12% p.a. on the remaining
amount. The interest shall, however, accrue from
the date of offer of possession. In case balance
75% of the tentative price of the plot is paid in
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19
lump-sum within 60 days from the date of issue of
allotment letter, the rebate of 5% in the price of plot
will be allowed.”
37. Further, the petitioner has placed reliance upon the
judgment passed by a Coordinate Bench of this Court in
CWP No. 13048 of 2019, decided on 20.02.2023, titled
Naresh v. State of Haryana and others, and has submitted
that in the said case, the Coordinate Bench granted the
benefit of payment of the price of plot within a period of six
years, as per the policy of the HSVP. It is further contended
that the said judgment has attained finality, as the same has
not been challenged by the respondents. The relevant
extract of the same is reproduced herein below:
“Mr. Parveen Mehta, Advocate, has filed
memorandum of appearance on behalf of
respondent/HSVP in CWP Nos.37891 of 2018,
34571, 32504, 32488, 31998, 31885 of 2019 and
20727 of 2022, which is taken on record.
Having heard the counsel for the parties and on
going through the order dated 22.04.2022 passed by
the Administrator, HSVP, Rohtak, in pursuance to
the directions issued by this Court, we find the order
to be based upon the Full Bench judgment of this
Court in Rajiv Manchanda Versus Haryana Urban
Development Authority and another 2018 (2) PLR
422. The parameters, as have been laid down
therein, have been duly relied upon and considered
while passing the said order, therefore, we do not
find any ground for not agreeing with the same.
Since the petitioners, after the allotment of the plot
to them, have immediately approached this Court
and the writ petition has been pending all through,
we are of the considered view that the petitioners
should be granted the benefit of payment of the plots
within a period of six years as per the policy of
CWP-22302-2024 (O&M) and other connected cases
20
HSVP obviously charging them the relevant interest
for the said period. The petitioners be informed
about the payment schedule and the instalments.
The petitioners will pay the first instalment after a
period of 30 days from the date of receipt of the letter
from the respondents intimating them the instalment
amount, which they have to pay in pursuance to the
order passed by this Court.
These writ petitions stand disposed of in above
terms.”
38. Upon perusal of the allotment letter dated 01.01.2018
referred in para No.36 and of the aforesaid judgment, we
are of the considered view that the respondents have acted
in a discriminatory manner by requiring payment of
remaining 75% amount within 180 days instead of
permitting payment in six annual installments. It has also
to be noticed that the delay in allotment is not attributable
to the petitioner; rather, it is entirely attributable to the
respondents. In such circumstances, the petitioner is
entitled to the benefit of making the payments in six annual
installments and for the said purpose the relevant interest
would be 5.5% for the said period. Even in the Rajiv
Manchanda’s case (supra), the delay attributable to the
respondents was elaborately discussed. The present case
stands on identical footing. Once it was possible for the
respondents to allot the plot on the date when the petitioner
had applied, but the same was not done solely due to the
respondents’ default and not due to any act or omission on
the part of the petitioner-oustee, the petitioner cannot be
penalised for such a delay.”
12. While considering the first framed issue, i.e., whether the
petitioners are entitled to relief, despite non-compliance with the terms and
conditions of the allotment letters, it is noticed that the allotment letters were
CWP-22302-2024 (O&M) and other connected cases
21
issued to the petitioners in the year 2019, requiring them to deposit 25% of the
tentative price within 30 days and the remaining 75% within the subsequent 60
days. However, despite the said stipulation, the petitioners remained silent for a
considerable period of about six years and, for the first time, approached the
respondent-authority by serving a legal notice dated 01.01.2024 followed by a
representation dated 21.02.2024. The said legal notice and representation came
to be decided by the respondents vide the impugned orders dated 12.07.2024
(Annexures P-22 & P-22-A), which was passed in compliance with the
directions issued by this Court on 06.02.2024 in CWP-571-2024 filed by the
petitioners.
13. Further, in view of the aforesaid background, we are also of the
considered opinion that, had the petitioners, immediately upon receipt of the
allotment letters, raised their grievance and approached this Court seeking parity
with the other petitioners/oustees who were granted relief in the light of Naresh
(supra), an equitable relief could have been extended to them. By approaching
the Court without any undue delay, the petitioners could have been placed at par
with those petitioners and granted similar benefit. However, having failed to do
so and having approached this Court at a highly belated stage, the benefit
following from the above judgment cannot now be extended to them.
14. During the course of arguments, a specific query was put to learned
senior counsel for the petitioners as to why the terms and conditions relating to
payment within the stipulated period, as prescribed in the allotment letters, were
not complied with. Learned senior counsel fairly conceded and answered the said
query in the negative, hence in light of the same it can be safely drawn that
petitioners violated the terms of allotment and have no explanation to justify.
CWP-22302-2024 (O&M) and other connected cases
22
15. In order to examine the second issue, i.e., whether the delay in
approaching this Court disentitles the petitioners from claiming relief on the
ground of parity with similarly situated petitioners/oustees, we have considered
the entire material available on record as well as the pleadings of the parties. We
have also endeavored to ascertain whether any explanation for the delay was
furnished in the representation allegedly submitted to the respondent-authority
in the year 2024, however, a copy of the said representation has not been placed
on record. Even the dates of the legal notice and representation find mention
only in the reply filed by the respondents and not in the pleadings of the
petitioners. In such circumstances, the question arises as to whether the negligent
and indolent conduct of the petitioners can be condoned. In the absence of any
cogent explanation either from the petitioners or from the material available on
record, the delay remains wholly unexplained. Admittedly, the delay of about six
years in approaching this Court in the year 2024, coupled with the failure of the
petitioners to deposit the amount in terms of the allotment letters, proves fatal to
the relief claimed by them.
16. We find that, having accepted the cancellation, the petitioners are
estopped, by virtue of the doctrine of acquiescence, from challenging the
automatic cancellation of the allotment and the terms and conditions of the
allotment letters after a lapse of about six years. Learned senior counsel has
opposed the prayer of the petitioners seeking restoration of the allotment,
contending that the cancellation took place six years earlier and the present
petition is clearly hit by delay and laches, whereby the petitioners, by their own
acquiescence, have forfeited their right to seek a remedy. We do endorse that the
said doctrine squarely applies to the facts of the present case. We have also gone
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23
through the judgements cited by learned senior counsel for the petitioners to
justify the delay but the same are not applicable to the facts of this case and do
not extend much support to the petitioners.
17. With regard to the third issue, i.e., whether after cancellation of the
allotment the petitioners, being oustees, can apply afresh at a subsequent stage
as a distinct category in terms of the judgment rendered in Rajiv Manchanda
(supra), we have examined the said judgment. It is evident therefrom that the
issue concerning the eligibility of the petitioners as oustees already stands settled
by the judgments in Sandeep (supra) and Rajiv Manchanda (supra), wherein it
has been held that once a person qualifies as an oustee, he continues to retain
that status.
18. Question No.7 framed by the Full Bench in Rajiv Manchanda
(supra) specifically dealt with the rights of an oustee who either does not exercise
his right of allotment when it first accrues or who, despite applying, does not get
a plot. Referring to the judgment in Sandeep (supra), the Full Bench
conclusively held that failure to apply for a plot pursuant to an advertisement
issued at a particular stage does not disentitle an oustee from applying for
allotment of a plot in response to subsequent advertisements, so long as plots are
available within the overall ceiling of 50% reserved plots in a sector.
19. It was further clarified that, since oustees constitute a separate and
distinct category, not applying in response to one or more advertisements does
not deprive them of their right of rehabilitation nor does it affect their status as
oustees. Therefore, the failure to apply, or even the loss of allotment at an earlier
stage, does not disentitle an oustee from applying for allotment of a plot at a
subsequent stage whenever fresh advertisements are issued.
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24
20. Another aspect considered by the Full Bench in Rajiv Manchanda
(supra), while dealing with Question No.6 and by referring to the judgment in
Sandeep (supra), was whether an oustee can be denied the right to raise a
grievance regarding non-allotment of a plot on account of delay and laches
arising from failure to apply pursuant to a public advertisement. The Full Bench
answered the said question by holding that an oustee, whose land has been
acquired, does not lose his status merely because he did not apply for a plot at
an earlier stage. Such a person retains the right to seek allotment of a plot as a
member of a separate and distinct category whenever advertisements are issued
inviting applications from eligible applicants, including oustees.
21. Thus, an oustee who was not allotted a plot despite having applied,
or even one who failed to apply in response to an earlier advertisement, does not
lose the entitlement to be considered for allotment of a plot in future under the
oustee category and is not disentitled from submitting an application at a
subsequent stage.
22. Upon consideration of the aforesaid findings, it can safely be
inferred that an oustee, whose land has been acquired, does not lose his status as
an oustee at any stage. No prohibition has been placed upon such an oustee that,
once he fails to obtain a plot for any reason whatsoever, he would be precluded
from applying pursuant to a subsequent advertisement. Even if an oustee does
not apply in response to an earlier advertisement, he is not disentitled from
submitting an application for allotment of a plot under the oustee category at a
later stage, as has been unequivocally clarified in the aforesaid judgments.
23. Admittedly, the eligibility of the petitioners as oustees is not in
dispute and stands established, particularly as allotment letters had earlier been
CWP-22302-2024 (O&M) and other connected cases
25
issued in their favour. However, owing to their own default in not depositing the
requisite amount within the stipulated period in terms of the allotment letters,
and having approached this Court after a lapse of about six years from the
issuance of the said allotment letters, the allotments came to be cancelled.
24. No doubt, the petitioners have already lost their first opportunity to
obtain a plot owing to their own default and have also failed to furnish any
explanation for non-deposit of the requisite amount. However, such lapse does
not disentitle them from submitting an application for allotment of a plot under
the oustee category in response to subsequent advertisements issued by the
respondent-authority. Accordingly, in view of the mandate laid down in Rajiv
Manchanda (supra), as and when any advertisement is issued in future, the
petitioners shall be at liberty to apply for allotment of a plot under the oustee
category, and no embargo can be placed upon them from availing such
opportunity.
25. Further, nothing has been placed on record with regard to the
availability of plots, whether in the same sector, the adjoining sector, or the next
residential sector. The petitioners’ land was acquired vide notification dated
17.11.2005, applications were invited in the year 2010–11, the last date for
submission being 25.07.2010, and till date nearly sixteen years have elapsed.
The Full Bench of this Court, while dealing with a similar issue concerning
availability of plots in Rajiv Manchanda (supra), considered Question No.12,
clarified and said view was also accepted by the State Government that if plots
are not available in the sector from which the oustee’s land has been acquired or
in the adjoining sector, the oustee would be entitled to allotment of a plot in the
nearest sector where a plot under the oustee quota is available. It was also
CWP-22302-2024 (O&M) and other connected cases
26
observed in Rajiv Manchanda (supra) that a contrary view would be irrational
and would defeat the very purpose of the oustee quota, and there would be no
justification to deny allotment in an alternate sector. The Full Bench also
additionally clarified that allotment in the next residential sector would arise
particularly where the acquired land is utilized for the purposes specified in the
policy dated 28.08.1998, namely recreational sector, institutional zone, group
housing societies, or industrial purposes.
26. In the present case, the acquisition was for establishment of Rajiv
Gandhi Education City, Sonipat, an institutional area meant for allotment to
educational institutions, and the said purpose stands achieved. It may also be
noticed that the land was acquired in the year 2005, whereas applications were
invited only in the year 2010–11 after a gap of about five years, and the allotment
letters were issued in the year 2019, i.e., approximately nine years after inviting
applications, which resulted in avoidable hardship. To that extent, the delay is
attributable to the respondent–HSVP and not to the petitioners, as has also been
noticed by this Court in Ram Lal Mahendru (supra) and to mitigate further
hardship of oustees who have already suffered due to delay, the respondent–
HSVP may exercise it’s options regarding allotment under oustee quota strictly
within the four corners of law.
27. On the other hand, we also cannot lose sight of the fact that, despite
issuance of the allotment letters, the petitioners failed to comply with the terms
and conditions thereof, and the delay on their part has ultimately proved fatal to
their claim. Consequently, the benefit of the judgment in Ram Lal Mahendru
(supra) with regard to price and the extended period for payment cannot be
extended at this stage, particularly when the allotment letters already stand
CWP-22302-2024 (O&M) and other connected cases
27
cancelled. Nevertheless, the petitioners still retain the opportunity to revive their
entitlement as oustees in accordance with law by applying pursuant to any
subsequent advertisement issued by the respondent-authority.
28. In view of the foregoing discussion, the writ petition(s) are
dismissed insofar as the prayers made therein are concerned. However, liberty is
granted to the petitioners to apply afresh, as and when any advertisement is
issued in future under the oustee category, in accordance with law.
29. Pending miscellaneous application(s), if any, also stand disposed of.
(DEEPAK MANCHANDA) (ANUPINDER SINGH GREWAL)
JUDGE JUDGE
25.02.2026
sandeep
Whether speaking/reasoned : Yes
Whether Reportable : Yes
Legal Notes
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