RANBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution prays for issuance of directions to the respondents to allot to the petitioner a residential plot according to the oustees policy, dated 10.9.1987 (P-1). It is admitted position that the status of the petitioner is that of an oustee as his land measuring approximately 39 Kanals, was acquired on 5.11.1996 for development of Sectors 3 and 7, Sonepat and Award No. 11 was announced. On 18.11.2002, the petitioner applied for allotment of 14 maria size of plot under the oustees' policy and deposited Rs. 77,501/-. In support of the claim, the petitioner has placed on record receipt dated 18.11.2002 (P-2). However, respondent Nos. 2 and 3 proceeded with draw of lots in May, 2003 as is evident from para 1 of the preliminary submissions of the reply filed on behalf of respondent No. 2. It is the categorical stand of the petitioner that his application for the allotment of a residential plot was considered in the draw of lots meant for general category which ought to have been considered separately under oustees' quota as envisaged by the policy dated 10.9.1987 and 12.3.1993. Aggrieved by the aforementioned action of the respondents, the petitioner served a legal notice dated 27.2.2004 to the respondents for allotment of plot under the oustees policy. The petitioner claimed that all the necessary documents fulfilling the requirements of the policy have been submitted on 23.6.2004 (P-5). It is evident from the perusal of Annexures P-4, P-5 and para 10 of the petition that the petitioner in fact furnished all the details to the respondents.

(2.) The averments made by the petitioner in the writ petition have not been controverted and it has been accepted that the application of the petitioner has been considered in the draw of lots meant for General Category and the case of the petitioner has not been considered in the oustees category as is required by the policy dated 10.9.1987 (P-1). Another policy dated 12.3.1993 (P-7) has also been placed on record where the mode of allotment for oustees has been substantiated.

(3.) After hearing learned counsel for the parties, we are of the view that this petition deserves to be allowed. The policy dated 10.9.1987 (P-1), and 12.3.1993 (P-7) recognize the rights of an oustee as a separate category and none of the policies envisages consideration of the oustees in a draw of lots meant for general category. Some of the clauses of the policies which are relevant to the controversy raised reads as under: