SURINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of LPA Nos. 166, 167 of 2007, 10, 11 and 14 of 2009, CWP Nos. 16372 and 17185 of 2009 and CACP No. 13 of 2001 as the principal issue "whether the writ petitioners are entitled to allotment of plots under the Oustees' Quota at the rate of the year 1984 or they are liable to pay such rate prevailing at the time of the allotment" or other peripheral issues thereto are commonly involved in these cases. However, for a better clarity, the facts of each case need to be briefly noticed.

(2.) STATE of Punjab acquired 751 Acres of land of village Jamalpur Awana, Tehsil & District Ludhiana for the development of 'Residential Urban Estate' by the Punjab Urban Planning Development Authority [in short 'PUDA'], which included the land measuring 12 Kanals 9 Marlas owned by the husband of appellant No. 1 and the father of appellants No. 2 to 4 [late Mohinder Singh] also. The Land Acquisition Collector vide Award No. 352 dated 31st March, 1976 specifically held as follows: -

(3.) PUDA therefore issued two Public Notices dated 5th July, 1981 and another in the year 1983 inviting applications from the oustees. Late Mohinder Singh ­ predecessor -in -interest of the appellants too applied for allotment of a plot measuring 200 square yards along with the requisite earnest money on 31st July, 1981. Though PUDA developed two residential Sectors No. 38 and 39 in the Urban Estate, Ludhiana but all the plots therein were sold out without considering the claim of any oustee. It appears that the predecessor -in -interest of the appellants was informed in the year 1987 that his application was still under consideration. Since some of the oustees including those mentioned in Para No. 7 of the writ petition were allotted the plots under Oustees' Quota, late Mohinder Singh filed a Civil Suit in the year 1992 seeking allotment of a 200 square yards plot @ Rs.85/ - per square yard which was prevalent as on 31st July, 1981 when he had applied and not at the rate of Rs.1200/ - per square hard which PUDA started demanding in the year 1992. Mohinder Singh unfortunately passed away on 3rd May, 1995. The Civil Court, Ludhiana decreed the suit holding late Mohinder Singh entitled to allotment of plot on preferential basis as per the State Policy but rest of the relief was declined. The first appellant finally approached this Court in RSA No. 1896 of 1999 which was allowed on 17th August, 2000 [Annexure P -23] holding the plaintiff entitled to allotment of plot "on the reserved price as per the Scheme of 1981 on preferential basis......". PUDA was thus directed to consider the claim. It may be mentioned at this stage that even before passing of the above stated order, PUDA had already allotted a plot measuring 100 square yards to the predecessor -in -interest of the appellants on 08th October, 1997 [Annexure P -24] but @ Rs.2700/ - per square yard.