BRIJ MOHAN Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Leave granted.

(2.) The first Respondent Haryana Urban Development Authority (for short HUDA) formulated a Scheme vide Circular dated 10.9.1987 (as clarified by circular dated 9.5.1990) for allotment of plots to land losers/oustees at normal allotment rates. The said scheme inter alia provides for allotment of a plot measuring 250 sq. yd. to a landowner whose acquired land measures between 500 sq. yd. to one acre. It also provides that where there are a number of owners in respect of an acquired land, efforts should be made to accommodate each of them subject to a limit of one plot of 250 sq. yd., for every acre of land acquired. It requires that "claims of the oustees shall be invited before the sector is floated for sale". A revised policy/scheme was introduced by HUDA by circular dated 18.3.1992 which inter alia provided as follows:

(3.) The Appellants 1 to 6 were the owners of 38 bighas and 3 biswas of land in Hudbust No. 1, Kasba Karnal. Their lands were acquired for development and utilization of land as residential and commercial area of Karnal under a preliminary notification issued in 1989 followed by final notification issued in the year 1990. On making the award, possession was taken on 19.12.1990. The Appellants made an application to HUDA for allotment of plots under the aforesaid oustees policy on 28.12.1990.