Punjab-Haryana High Court
Laxmi Devi And Others vs State Of Haryana And Others on 18 September, 2013
Author: Ajay Kumar Mittal
Bench: Ajay Kumar Mittal, Jaspal Singh
CWP No.20528 of 2013 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.20528 of 2013
Date of decision: 18.9.2013
Laxmi Devi and others
-----Petitioners
Vs.
State of Haryana and others
----Respondents
CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
HON'BLE MR. JUSTICE JASPAL SINGH
Present:- Mr. Sanjay Mittal, Advocate for the petitioners.
Ajay Kumar Mittal,J.
1. The petitioners through the present present petition filed under Articles 226/227 of the Constitution of India, seek a writ in the nature of mandamus directing the respondents to allot them residential plots in Sectors 5 or 7, District Rewari, under the oustee quota as per the policy of the Government for rehabilitation and re- settlement of land owners.
2. Briefly, the facts necessary of adjudication of the controversy involved, as narrated in the petition may be noticed. The petitioners were owners/co-sharers of agricultural land situated within the revenue estate of District Rewari. The State of Haryana issued Notification dated 27.1.2003 under Section 4 of the Land Acquisition Act, 1894 (in short, "the Act") for acquisition of land for the public purpose and utilisation of land for residential, commercial Sectors 18, 19 and 20 Part at Rewari. Notification under Section 6 of the Act was issued on 23.1.2004. The award was announced by the Land Acquisition Collector, Gurgaon on 20.1.2006, Annexure P.1. The Singh Gurbax 2013.09.24 14:51 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.20528 of 2013 2 petitioners approached the respondent authorities for allotment of residential plots under oustee quota as per the policy of the Government but no decision has been taken so far. Aggrieved thereby, the petitioners are before this Court through the present petition.
3. We have heard learned counsel for the petitioners and perused the record.
4. Learned counsel for the petitioners has placed reliance upon the decision of a Division Bench of this Court dated 25.4.2012 rendered in LPA No.2096 of 2011, Haryana Urban Development Authority and others v. Sandeep and others and other connected cases, dealing with the issue involved in the present case. The operative part of the order reads as under:-
(i) That date of notification under Section 4 of the Land Acquisition Act, 1894 is relevant to determine the eligibility of a land-owner for allotment of a residential plot, even if the acquisition is for the purposes of commercial, industrial or institutional;
(ii) That the entitlement of the size of the plot and the procedure for allotment shall be as on the date of allotment in pursuance of an advertisement issued inviting application from the oustees;
(iii) That the HUDA or such other authority can reserve plots up to 50% of the total plots available for all reserved categories including that of oustees. As to what extent there would be reservation for the oustees, is required to be decided by the State Government and/or by HUDA or any other authority, who is entitled to acquire land;
(iv) That the oustees are entitled to apply for allotment of Singh Gurbax 2013.09.24 14:51 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.20528 of 2013 3 plot along-with earnest money in pursuance of public advertisement issued may be inviting applications from the general public and the oustees through one advertisement. If an oustee is not successful, he/she can apply again and again till such time, the plots are available for the oustees in the sector for which land was acquired for residential/commercial purposes or in the adjoining sector, if the land acquired was for institutional and industrial purposes etc. The plots to the LPA No.2096 of 2011 & other connected cases 46 oustees shall be allotted only by public advertisement and not on the basis of any application submitted by an oustee;
(v) That the price to be charged from an allottee shall be the price mentioned in the public advertisement in pursuance of which, the plot is allotted and not when the sector is floated for sale for the first time;
(vi) That the State Government or the acquiring authority shall not advertise any residential plot for sale without conducting an exercise in respect of plots ear-marked for reserved categories and after identification of the plots available for the oustees in each sector. Thereafter, the State Government or the acquiring authority shall publish an advertisement inviting applications from such oustees to apply for allotment of plots in accordance with law: and
(vii) If in any sector, more than 50% plots have been allotted by way of reservation including to the oustees, then such allotment shall not be cancelled or reviewed in view of the judgment of this court."
5. In view of the above, without expressing any opinion on merits, we dispose of this writ petition with a direction to the respondent-authorities to consider the claim of the petitioners in the Singh Gurbax light of the decision of this Court in Sandeep's case (supra) and 2013.09.24 14:51 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No.20528 of 2013 4 decide the same by passing a speaking order within a period of three months from the date of receipt of a certified copy of this order.
(Ajay Kumar Mittal)
Judge
September 18, 2013 (Jaspal Singh)
'gs' Judge
Singh Gurbax
2013.09.24 14:51
I attest to the accuracy and
integrity of this document
High Court Chandigarh