JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present writ petitions have been placed before this Bench on a reference made by the learned single Judge of this Court wherein challenge has been made to Clause 6(V) of the policy dated 26.09.1994 restricting the allotment of one plot to the oustees who have a joint holding. As the learned single Judge found that judgment of the Division Bench in Smt. Ramo Bai and others v. State of Haryana and others, 2007 (4) PLR 295 : (2007 AIHC 3656) acknowledged some apparent distinction between the policies as applicable in the States of Punjab and Haryana.

(2.) SINCE the issue is legal, factual matrix in respect of land holding of each writ petitioner and consequent eligibility for allotment of a plot as an oustee need not be mentioned in detail. Suffice it to state that the writ petitioners are reflected as co-owners in a joint Khata in the revenue record whereas in terms of the policy dated 26.09.1994, all such joint owners are entitled to a plot of land not exceeding 500 sq. yards as a rehabilitation measure. The grievance of the petitioner is that all the co-owners have an independent right to own and possess the land falling to the share of each of them, therefore, in terms of the policy dated 26.09.1994, each of the co-owner is entitled to allotment of plot of requisite size. The restriction of allotment of one plot to the co-owners is without any reasonable classification and objective to be achieved and thus, have sought quashing of Clause 6(V) of the Scheme.

(3.) THE first policy conferring right of allotment of a plot to a person whose land has been acquired was formulated by the State Government and circulated on 17.4.1974, Annexure P5/A. THE said policy also contemplated creation of plots of different sizes in each of urban estates, eligibility for allotment of such plots and reservation policy for allotment of plots to the Oustees Defence Personnel, Punjab Government Employees, Scheduled Castes and Backward Classes etc. THE relevant policy in respect of oustees reads as under :