DEEPAK Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) CHALLENGE in the present writ petition has been raised to the order dated 12.3.2013 (Annexure P -9) whereby claim of the petitioner for allotment of plot measuring 100 square yards as an oustee has been rejected. Challenge has also been raised to the order dated 30.1.2014 (Annexure P -10), whereby appeal against the order dated 12.3.2013 has been dismissed by respondent No. 2.

(2.) BRIEFLY stated the facts of the case are that vide notification dated 21.2.2000 issued under Section 4 of the Land Acquisition Act and followed by the Award No. 481 dated 17.5.2001, the land of the petitioner measuring 3 Kanals 19 Marlas situated in Village Sohana, Tehsil and District Mohali was acquired. The said land was acquired for setting up of Sectors 76 to 80 of S.A.S. Nagar, Mohali. The Naib Tehsildar of the office of the Land Acquisition Collector, Urban Development Department, Punjab issued a certificate dated 14.9.2001 certifying the acquisition of 3 Kanals 19 Marlas of land belonging to the petitioner. Claiming to be an oustee, the petitioner applied for allotment of plot measuring 100 square yards under the policy vide an application dated 18.6.2001 against form No. 22237 with respondent No. 4. He deposited the requisite earnest money of Rs. 33,500/ -, which was accepted by the respondent. The case of the petitioner for allotment of a plot as an oustee remained pending and respondents made allotment of plots in the year 2009 of oustee category but name of the petitioner was not included in the draw of lots and, therefore, the petitioner submitted a detailed application dated 27.1.2009 requesting the respondent to allot a plot to him as an oustee. It is submitted that there have been disputes/litigations between the respondents and the oustees/joint khata holders of Sectors 76 to 80 as the respondents have decided to allot single plot to the joint khata holders. The dispute was ultimately settled and pursuantly a policy dated 25.5.2011 was formulated by the respondents, which was notified on 3.6.2012. The respondents did not point out any defect in the application submitted by the petitioner for allotment of plot as an oustee and that application remained pending without any objection. There was a shortfall of one marla land for completion of half acre of acquired land holding of the petitioner. The said left out one marla piece of land was further notified and acquired vide award dated 1.11.2011 for setting up of Sectors 88 and 89 of residential estate of S.A.S. Nagar. Therefore, in view of the policy of oustee, the petitioner made application dated 28.8.2012 to respondent No. 4 along with an oustee certificate with a request to consider his name in the draw of lots to be held on 31.8.2012. It has further been submitted that the respondents have issued instructions dated 8.11.1993 to the effect that if the land of an oustee is acquired by different awards, he can get the benefit for the purpose of allotment of plot while clubbing the whole of the acquired holding. The relevant clause read as under: -

(3.) THE total land holding of the petitioner was 4 Kanal falling in Khasra No. 110//4/2 (1 -8), 7/2 (0 -12), 7/1/1 (2 -0) situated in Village Sohana, Tehsil and District Mohali and out of the aforesaid land 3 Kanal and 19 Marla land was acquired vide award dated 17.5.2001 for setting up of Sectors 76 to 80 leaving one marla plot out of acquisition. The authorities have purposely and in order to disentitle the petitioner for the minimum size of plot measuring 100 square yards, has left one marla land from the acquisition out of Khasra No. 7/2. Since the left out land measuring one marla was of no use to the petitioner and same being part and parcel of acquisition of Sectors 76 to 80, was again acquired vide award dated 01.11.2011 for Sectors 88 and 89 of Mohali. The respondents have prepared an oustee policy and relevant extract of the policy read as under: -