Policy of first come, first served basis unfair: HC

Tribune News Service

Chandigarh, September 4

The Punjab and Haryana High Court has held the Haryana Government’s policy of granting licences for group housing colonies on the first come, first served basis as unfair, unreasonable and opaque.

A Division Bench has also quashed the grant of licence for a group housing colony on the first come, first served basis.

The order by a Bench of Justice Hemant Gupta and Justice Shekher Dhawan came on a petition filed by Pawan Bhatia of Gurgaon. The owners of more than 108 kanals in the revenue estate of Ullawas village in Gurgaon district, the petitioners had applied for a licence to develop a group housing colony.

Appearing on their behalf, senior advocate Puneet Bali contended that the Director-General, Department of Town and Country Planning, had granted licences to some applicants by permitting them to make up the deficiencies though the similar treatment was not extended to the petitioners.

Taking up the matter, the Bench asserted a policy for grant of licences on the first come, first served basis was in existence. “We do not find any merit in the argument that the grant of licences on the basis of first come, first served basis is fair, reasonable or transparent method….We further find that the principle of first come, first served has led to an unholy race…. Since Gurgaon is a fast developing urban complex, there is large demand for licences but we find it is not fair and reasonable to accept the application(s) on the basis of draft development plan and grant the licence(s) on the first come, first served basis”.

“Since the licences have been granted on the basis of the doctrine of first come first served, which is not a fair, reasonable and transparent method, we find that the licences granted to private respondents cannot be sustained…The state government may consider the grant of licences after framing a transparent and fair policy”