HC orders probe into plot allotment to dead

Saurabh Malik

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Tribune News Service

Chandigarh, February 6

When the Haryana Government launched the Mahatma Gandhi Gramin Basti Yojana in October 2008, to allot plots to the poor, no one thought the dead would end up benefiting from the scheme. But if allegations in a petition filed before the Punjab and Haryana High Court are to be believed, dead men were allocated plots meant for the poor.

Taking a serious view of the allegations, the High Court has marked an inquiry before setting a four-month deadline for its completion. The directions by the Bench of Justice Surya Kant and Justice Raj Mohan Singh came on a petition filed by Sunil against the State of Haryana and other respondents.

They have questioned the eligibility of about 37 persons for the allotment of 100 square yard plots under the scheme. The plots are allotted by Gram Panchayat under the scheme to the families living below the poverty line, subject to their fulfilling eligibility conditions prescribed by the State Government in its policy dated February 1, 2008.

They told the court that the respondent beneficiaries were ineligible for allotment of plots. But Sonepat Deputy Commissioner declared them eligible in a mechanical manner vide his order dated November 5, 2013, without holding “a fair and just inquiry in accordance with law”.

They claimed none of the respondent beneficiaries were entitled to allotment of 100 square yard plot under the scheme. Taking up the matter, the Bench observed: “If the petitioner’s allegations are to be believed, even dead persons have been allotted such plots. There is, thus, substance in the petitioner’s allegations that the Sonepat Deputy Commissioner while ascertaining the eligibility of private respondents was not appropriately assisted with the record….”

“In these circumstances, while it may not be expedient for us to express any views on the eligibility of private-respondents, it appears imperative upon the authorities to reconsider the whole issue; hold another fact finding inquiry through some fairly senior officer and give an opportunity to the petitioner to substantiate his allegations, of-course to the private respondents also to prove that they are entitled for such allotment.”

“With a view to facilitating such a fact-finding enquiry, we set aside the order dated November 5, 2013, of the Sonepat Deputy Commissioner and direct him to appoint an officer not below the rank of subdivisional officer (civil) as an inquiry officer… and submit his fact-finding report to the Sonepat Deputy Commissioner within two months. The decision with regard to regularisation of allotment shall be taken by the Deputy Commissioner thereafter only.”