PARKASHWATI Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly stated, facts of the case are that plaintiffs - Parkashwati, Diwakar and Dinkar legal representatives of Pawan Kumar had filed a suit for declaration with consequential relief of mandatory injunction against Haryana Urban Development Authority, Panchkula (hereinafter referred to as HUDA) and its Estate Officer, Kurukshetra.

(2.) As per the version of the plaintiffs agricultural land situated at village Darra Kalan, Thanesar, Tehsil Thanesar, District Kurukshetra, in which their predecessor-in-interest Sh.Pawan Kumar was a co-sharer was acquired by the defendants for development of Sector 13, Kurukshetra; that after issuance of necessary notifications, an award was announced on 16.7.1975 awarding compensation to the affected landowners; Sh.Pawan Kumar was not satisfied with the quantum of compensation awarded, as such he filed a reference under Section 18 of the Land Acquisition Act, however, the amount was not enhanced; then Sh.Pawan Kumar had approached the High Court by way of filing a Regular First Appeal, which was decided on 14.3.1990 and compensation amount was enhanced; however during course of proceedings Sh.Pawan Kumar expired and the plaintiffs were brought on record as his legal representatives; that as per the policy of the Government and the defendants, the persons whose land was acquired are entitled to allotment of plots on reserve price in oustees quota inasmuch as if the land acquired is one acre or more, then the land owner is entitled to get plot measuring 250 square yards and since land of predecessor of the plaintiffs acquired by defendants was more than seven acres, they became entitled for allotment of plot having area of 500 square yards at a reserve price; that despite various requests made by the plaintiffs, the defendants failed to consider their claim, giving rise to a cause of action to them to bring

(3.) the suit in question seeking a declaration that they are entitled to a residential plot measuring at least 1 kanal in Urban Estate, Kurukshetra at reserve price as per declared policy of the Government; in addition to that craving for grant of mandatory injunction directing the defendants to allot such plot to the plaintiffs.