DILA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab acquired land in the revenue estate of village Mohali, including that of the petitioner, for Phase VI, for setting up Industrial Urban Estate vide award No. 264, dated 4th October, 1972. The petitioner was paid compensation for his acquired area as assessed by the authorities. In April, 1974, the Government formulated a policy for the figure development of urban estates in Punjab and the same is contained in memorandum No. 3283-3 UD-74 dated 17th April, 1974 (P.1) addressed by the Secretary to Government Punjab, Local Government and Urban Development Department to the Director, Housing and Urban Development, Punjab. The relevant part of this policy reads:

(2.) The petitioner applied for the allotment of residential plot measuring 250 Square Yards on 8th January, 1974, along with a bank draft of Rs. 711/-. As provided in the policy decision, P.1, the petitioner was required to make the payment of the price of the plot on cash down basis. According to the petitioner, he was not in a position to pay the lump-sum price of the plot. According to him, he sent a letter on 11.11.1976, to the Department requesting that he may be allotted a plot measuring 200 Square Yards instead of 250 Square Yards. In the meantime, the petitioner had been written letters by the Department on 4th November, 1974, Ist June, 1976 and again on 5th October, 1976, intimating him to remit the balance price of the plot and also to furnish the requisite affidavit but without any response. The Department wrote another letter dated 10th February, 1978 to the petitioner asking him to remit the balance amount and to furnish the prescribed affidavit. The petitioner informed the Department vide letter dated 8th March, 1978 (R.5) that he may be allotted a plot measuring 200 Square Yards instead of 250 Square Yards. The petitioner also filed an affidavit that his income was Rs. 400/- per month but he did not furnish the affidavit to the effect that he or any member of his family had not previously obtained any residential plot in any urban estate. On 16th June, 1978, the petitioner sent a bank draft of Rs. 2190/- towards part payment of price of plot measuring 200 Square Yards. The Government revised the reservation policy which came into force on 2nd February, 1981 and is contained in Annexures R.6 and R.7. The petitioner was addressed a letter dated 17th August, 1981, by the Department to exercise his option in terms of the new policy for consideration of his case thereunder. The petitioner has not exercised the option so far.

(3.) The case of the petitioner is that he is an oustee inasmuch as his land had been acquired. He filed an application for the allotment of plot in January, 1974. He is entitled to the allotment of a plot in the terms of the policy decision of 1974 (P.1). His entitlement cannot be adversely affected by the new policy decision of the Government which has come into force with effect from 2nd February, 1981. The petitioner has consequently filed the present writ praying for a mandamus to be issued to the respondents to allot him a plot measuring 200 Square Yards in the Urban Estate Mohali and at the reserve price of Rs. 58/- per Square Yard which was fixed in 1974.