HUDA policies tailored, HC told

Tribune News Service

Chandigarh, March 22

The Haryana Urban Development Authority today found itself in an uncomfortable position in the multiple plots allocation case, with the counsel for the petitioners indicating that two policies placed before the Bench were manufactured.

As the case came up for resumed hearing, counsel for the petitioner, Harmanjit Singh Sethi referred to the case of SR Dass decided in January, 1988, to say that discretionary quota allotments, among other things, were the issues before the High Court.

He added the two policies, which were placed before the Bench of Justice Daya Chaudhary by the counsel for the respondents on a previous date of hearing, were dated January 9, 1987, and May 5, 1987. “What stopped HUDA from telling the court that the policies were in existence?” he questioned.

Sethi said the judgment made it clear that any allottee with more than one plot in Mohali, Chandigarh or any other “A” class city could not have more than one plot. Even if for the sake of arguments, it was considered that the policies were in existence, they stood superseded by the SR Dass judgment. He added the verdict had attained finality with the withdrawal of SLP against it.

Sethi submitted HUDA even wrote letters seeking fresh affidavits in light of the SR Dass judgment.

Sethi said subsequently in the case of “Anil Sabharwal versus the State of Haryana and others decided on March 21, 1997, the Bench hearing the case said HUDA in its 34th meeting held on August 14, 1987, had evolved a policy for reservation of plots for various categories of persons. The very use of the word “evolved” suggested there was no policy for reserved category in place previously.

Sethi had earlier also argued the entire exercise of manufacturing the policies had been carried out by HUDA to benefit 1,398 allottees and protect some of the high-ups.

Dubbing it as perjury, Sethi had demanded the lodging of FIRs against the erring. Taking a note of the arguments, the Bench of Justice Chaudhary fixed Thursday as the next date of hearing.