SURINDER PAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has claimed a writ of mandamus to direct the respondents to allot a residential plot under the Oustee quota in terms of the policy/instructions dated 17.10.2000, 25.0.2000, 28.01.2004 & 25.05.2011.

(2.) The land of the petitioner was acquired for setting up of 'Sectors 76-80, SAS Nagar, Mohali' at three different times in respect of which Award Nos.480, 481 & 506 were announced on 07.05.2001, 17.05.2001 & 12.03.2010 respectively. It is pointed out that the petitioner is a co-sharer having 1/5th share in land measuring 125 Kanal 5 Marla. It is asserted that the policies dated 26.05.1983, 02.09.1994 & 28.01.2004 contemplated that all Oustee owning land in a joint khata would be entitled to one plot only. But a Full Bench of this Court in Jarnail Singh & others Vs. State of Punjab & others, 2011 AIR(P&H) 58, directed that each of the co-owner is entitled to separate plot of the area as per his share in the land holding. The Court gave the following directions:

(3.) Thereafter, the respondents framed a policy on 25.05.2011, wherein it was decided that if half an acre or more land of several joint owners has been acquired, each landowner of the land held under joint khata shall be eligible for allotment of a separate plot or house, as the case may be, subject to his eligibility which shall be determined in view of his share in the land acquired. The relevant condition from the policy dated 25.05.2011 reads as under: