HC calls for status report in HUDA multiple plot case

Saurabh Malik

Tribune News Service

Chandigarh, December 5

Just about three days after Haryana’s policy decision not to proceed with FIRs registered in multiple plots allotment cases came under judicial scanner with the filing of a plea alleging that the unilateral act was aimed at benefiting a select few, the Punjab and Haryana High Court today called for a status report.

Taking up the matter, Justice Daya Chaudhary made it clear that the report was required to carry details of the investigation and cancellation of FIRs. It was to be submitted by December 9. Justice Chaudhary was of the opinion that the Supreme Court stay was on proceedings of a committee set up by the High Court for looking into allotment of multiple plots against the rules, but not on the main case pending before the High Court.

Justice Chaudhary also made it clear that Haryana and HUDA were required to place before the Bench the details of the FIRs registered and the people proceeded against. The Bench added that its previous orders were also against the adoption of coercive steps and not on proceeding against the beneficiates in the case.

The directions came after Harmanjit Singh Sethi submitted that the decision was contrary to the provisions of the Haryana Urban Development Act. Sethi is assisting the committee set up by the High Court to look into the multiple allotments. He also represents certain accused in the multiple plots allotment case and has all along been alleging adoption of pick and choose policy in the process of initiating the proceedings against the accused by alleging that the high and the mighty were being kept out of the ambit of law.

The case primarily pertains to about three lakh allotments made by the Development Authority since 1983, when policies against multiple plot allotments came into being. The policies, by and large, prohibit existing allottees and property holders in Haryana from seeking allotment of additional HUDA plots/ flats.

Sethi had earlier submitted in his plea that HUDA and the state are and were never serious about prosecuting a number of allottees, specially IAS, IPS, judicial officers and others high-ups. As a consequence, the High Court vide order dated January 18 last year, clearly ordered that FIRs should be registered against all allottees having more than one plot.

Sethi added the state counsel in a connected case, “Anju Sachdeva versus the State of

Haryana and another”, made a categorical statement that the Haryana Government had taken a policy decision not to proceed with FIRs registered in the multiple allotment of plots. Sethi submitted the executive lacked power to take a policy decision by way of executive instructions.

Court wants probe details 

• Justice Daya Chaudhary made it clear that the report was required to carry details of the investigation and cancellation of FIRs; it is to be submitted by December 9 
• The judge was of the opinion that the SC stay was on proceedings of a committee set up by the HC to look into allotment of multiple plots, but not on the main case pending before the HC