CHANDIGARH, May 13: In compliance with the orders of the Supreme Court, the Punjab and Haryana High Court, today, decided to examine the legality of plots made under the discretionary quota in Haryana from July 14, 1971.

The Supreme Court while deciding the Special Leave Petition on May 7, had observed that the accountability of the authority needs to be examined after identifying those who had made the discretionary quota allotments.These orders were passed by a full bench headed by Justice G S Sanghvi when it began hearings of the case relating to discretionary quota plot allotments remanded to the High Court by the Supreme Court.

Barring some exceptions,the bench on April 21 last had cancelled allotment of discretionary quota plots made since 1989. This judgment was upheld by the Supreme Court on May seven last.

However,the apex court had directed the High Court to examine all allotments of discretionary quota plots which had been left out.

The information, required to fix the responsibility on those making such allotments, has to be made available to the High Court by May 20, a day after which the case will again be heard. However, the main case was adjourned for next hearing on July 24 next.

The court has also asked the Haryana Urban Development Authority (HUDA) to publish notices to this effect in all national dailies to give an opportunity of hearing to all those who may be affected by this decision of the court. The notices to be issued within two weeks from Tuesday, the Court directed, should indicate the factum of pendency of this case in the High Court which has to examine valid reasons under which discretionary quota plot allotments were made to them since July 14, 1971 and thereafter.Any person to whom such a plot is allotted may approach the secretary, Urban Estates or secretary, HUDA, within three weeks to get a copy of this order and that of the writ petition and may also file an affidavit within the next three weeks. However, those who had earlier filed their obejections following Court notice on May 30, 1996, need not file objections unless they voluntarily decide to do so, the Court held. The HUDA secretary has been directed to make available cyclo-styled or photostat copies of Tuesday's orders to any person, legal heirs or transferees, or whosoever approaches them.

Later, on the plea of the counsel for the petitioner, Harmanjit Singh Sethi, for staying any fresh construction on discretionary quota plots allotted before 1989 till the pendency of the case, the bench directed HUDA not to sanction any fresh building plans and neither transfer any of these plots till further orders.

Meanwhile, the petition of the CBI, seeking the original records pertaining to allotment of DQ plots to Ram Lakhan Yadav and Ram Saran Yadav, both MPs of the Jharkhand Mukti Morcha facing a Central Bureau of Investigation probe, was dismissed as infructuous, as the records had already been handed over to the concerned authorities. Earlier, the request of the Haryana AG, H S Hooda, that the previous allotments may be left out from being scrutinised was declined by the Court.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.