RAJESHWARI DEVI Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Briefly stated, facts of the case are that originally plaintiff Sant 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 plaintiff agricultural land

(3.) situated at village Darra Kalan, Thanesar, Tehsil Thanesar, District Kurukshetra, in which he 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; the plaintiff was not satisfied with the quantum of compensation awarded, as such he had filed a reference under Section 18 of the Land Acquisition Act, however, the amount was not enhanced; then the plaintiff approached the High Court by way of filing a Regular First Appeal, which was decided on 14.3.1990 and compensation amount was enhanced; that as per the policy of the Government and the defendants, the persons whose land was acquired were entitled to allotment of plots on reserve price in oustees quota inasmuch as if the land acquired was one acre or more, then the land owner was entitled to get plot measuring 250 square yards and since land of plaintiff acquired by defendants was more than seven acres, he became entitled to allotment of a plot having area of 500 square yards at reserve price; that despite various requests made by the plaintiff, the defendants failed to consider his claim, giving rise to a cause of action to him to bring the suit in question seeking a declaration that he was 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