J.L. Gupta, J. - (1.) On August 31, 1987, the State of Haryana issued a notification tinder Sec. 4 of the Land Acquisition Act, 1894 for developing Sector 3, Urban Estate, Panchkula. On August 26, 1988, the notification under Sec. 6 was issued. On March 27, 1989, the award was given. The petitioner who owned a one Kanal plot and had built a small industrial unit thereon lost his land. He applied for the allotment of a plot out of the oustees quota. Vide letter dated August 5, 1996, the Estate Officer asked for the comments of the Land Acquisition Officer. Vide endorsement dated August 21, 1996, a copy of which is at Annexure P -6, the Land Acquisition Officer forwarded the petitioner's case for sympathetic consideration. Vide order dated May 27, 1999, the petitioner's request was declined with the following observations : "If is intimated that record submitted by you for allotment of plot out of oustees quota has been considered by the office as per policy of the department and it has been found that your land was acquired vide notification dated 2.7,1985 and there was no such policy to allot plot in this category at that time,"
(2.) A copy of this order is at Annexure P -8 with the writ petition. Aggrieved by this order, the petitioner has approached this Court through the present writ petitioner. He alleges that the order is based on a wrong assumption of facts. Thus, it is vitiated. He prays that the order be quashed and that the authority be directed to allot a plot.
(3.) A written statement on behalf of respondents No.1 and 3 has been filed. It is stated that "as per award statement, house alongwith 4 walls has been acquired... .. ... ... the office of respondent". It has been further admitted in para 12 of the written statement that notification under Sec. 4 was issued on August 31, 1987 and that the notification under Sec. 6 was dated August 26, 1988.;