ANIL KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner through the present present petition filed under Articles 226/227 of the Constitution of India, seeks a writ in the nature of mandamus directing the respondents to allot him residential plot in Sectors 6, 7 or any other adjoining Sector in 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 petitioner was owner in possession of half share of 9 marlas of land i.e. 4.5 malra comprised in Khewat No.1170/1395, Khasra No.107/6/2/2 as a co-sharer situated in Village Rewari, Tehsil and District Rewari. The said land was purchased by the petitioner and his brother vide sale deed dated 9.10.1989. The State of Haryana issued Notification dated 6.1.2006 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 6 and 7 at Rewari. Notification under Section 6 of the Act was issued on 9.8.2006. The award was announced by the Land Acquisition Collector, Gurgaon on 7.12.2006, Annexure P.1. The petitioner moved an application dated 21.12.2012, Annexure P.3 to respondent No.2 Chief Administrator, Haryana Urban Development Authority with the prayer that he may be given residential plot in Sector 6 or 7 under oustee quota as per the policy of the Government regarding rehabilitation and settlement of owner of land but no decision has been taken by the authorities so far. Aggrieved thereby, the petitioner is before this Court through the present petition.

(3.) We have heard learned counsel for the petitioner and perused the record.