Claim of son for allotment of plot not maintainable as it was father’s personal right to apply for plot under reserved (defence) category which stood extinguished on his death:HC

Read Order- Harbhajan Singh Virk v. State of Haryana & others

Chandigarh, September 21,2021: The Punjab and Haryana High Court has dismissed the challenge to the Order, passed by the Principal Secretary to Government of Haryana, Town and Country Planning Department, declining the request of the petitioner for restoration of allotment of a residential Plot in the name of the petitioner.

The Division Bench of Justice Tejinder Singh Dhindsa and Justice Vivek Puri opined that the petitioner does not have any right in law to claim allotment of the plot in question in which the name of his late father had been entered in the draw of lots but he having expired even prior to allotment having been made.

In this matter, Harbhajan Singh Virk (since deceased) applied for allotment of a under the reserved (defence) category. He was successful in the draw of lots and the residential plot was earmarked for him. Thereafter, even allotment letter was issued indicating a tentative price of Rs.26,84,385 for the plot. As per Clause 5 of the allotment letter, 15% amount was payable within a period of 30 days from the date of issuance of the allotment letter. It so transpired that the applicant, namely, Harbhajan Singh Virk died on October 21,2014 i.e. even prior to the allotment of the plot made on July 25,2015.

The counsel for the petitioner submitted that the petitioner herein being legal heir sent demand draft for an amount of Rs.4,71,000  towards balance 15% amount i.e. after a delay of 28 days. It was contended that the delay that had occurred was on account of circumstances which were beyond the control of the petitioner as his father had expired.

The Division Bench was of the view that that the aspect of delay would be irrelevant insofar as examining the validity of the impugned order was concerned. Unfortunately, the applicant, namely, Harbhajan Singh Virk died much before the issuance of the allotment letter. As such, there was no occasion of acceptance of the allotment at the hands of the applicant (since deceased).

The Court clarified that no concluded contract had come into existence during the lifetime of the applicant. That apart, it was a personal right of the applicant, namely, Harbhajan Singh Virk to apply as a member belonging to a reserved (defence) category. The legal heir would be entitled to the benefit of reservation only if he also satisfied the conditions of eligibility of a reserved (defence) category candidate. It was a personal right which stood extinguished on the death of the father of the petitioner herein.

The Bench also drew support from a Division Bench judgment of this Court in Jagbir Singh Dhanda Vs. Estate Officer, HUDA & another.In Jagbir Singh Dhandas case (supra), father of the petitioner therein had applied for allotment of a residential plot against a reserved category earmarked for Advocates. Applicant/father of the petitioner therein had also died prior to formal allotment. The claim of the legal heir in that case for allotment of the plot, on the ground that his deceased father had been successful in the draw of lots, was rejected.