SATISH KUMAR SHARMA Vs. HUDA

JUDGEMENT

(1.) THE prayer made in this petition filed under Article 226 of the Constitution is to issue directions to the respondents to allot the petitioner plot in any sector at Gurgaon under the oustees policy as the land of the petitioner along with other co-sharers had been acquired on 20.3.1989. From the perusal of various annexures it appears to us that the matter is alive before the respondent authorities. Some indication to that effect can be ascertained from Annexures P-4 and P-7. Mr. Shailendra Jain, learned counsel for the petitioner has drawn our attention to the decision of Chief Administrator, HUDA (P-22), dated 27.3.2000, wherein it has been decided that in view of the judgment of this Court in the case of Suman Aneja v. State of Haryana (C.W.P. No. 14708 of 1990), if the land was acquired prior to 10.9.1987 and the plots were still available while floating the plots on such land, then the oustees claims should also be invited and they were to have prior right for allotment of plots. Learned counsel has also placed reliance on a judgment of the Hon'ble Supreme Court in the case of State of U.P. v. Pista Devi, AIR 1986 SC 2025, which has issued directions to all the authorities like the respondents by indicating to them the provisions of Section 21 of the Delhi Development Authority Act, 1957. Those provisions are wholesome and provides for framing of scheme for oustees as and when land of such person is acquired ensuring their rehabilitation.

(2.) IN view of the above, we direct respondent No. 1 and 2 to take a conscious decision by treating the instant petition along with Annexures P-1 to P-22 as a representation and decide the same within a period of four months from today. It shall be appreciated if the petitioner is granted an opportunity of personal hearing. IN case the decision goes in favour of the petitioner, he shall be allotted a plot to which he may be found entitled within a further period of two months from the date of decision. The writ petition stands disposed of in the above terms.