- (1.) This order shall dispose of LPA No.2096 of 2011 preferred under Clause X of the Letters Patent arising out of an order passed by the learned Single Judge of this court on 16.05.2011 in respect of the rights of oustees for allotment of plots, as part of Rehabilitation & Resettlement Scheme as well as other connected matters, list of which is appended as Annexure A.
(2.) Large number of writ petitions were taken up for hearing by the learned Single Judge and decided by common order. Even before this Court, large number of writ petitions are listed for hearing raising one or the other questions arising out of the Rehabilitation & Resettlement Policies framed by Haryana Urban Development Authority (for short 'the HUDA') and/or by the State Government from time to time. The arguments have been heard in respect of all the issues arising out of the policies so framed. Such issues are being dealt with in the present appeal though such questions does not arise out of the facts of the present appeal. The findings recorded herein would be relevant for most of the writ petitions heard along with the present appeal.
(3.) The question of allotment of the plots to the oustees, came up for consideration before the Hon'ble Supreme Court in State of U.P. Vs. Smt. Pista Devi & others, 1986 AIR(SC) 2025, wherein the Hon'ble Court was considering the acquisition of land by Meerut Development Authority. The Court directed that where large tracts of land for the purposes of land development in urban areas is acquired, the developing authority should provide a house or shop site of reasonable size on reasonable terms to each of the expropriated persons, who have no houses or shops/buildings in the urban area in question. The said direction was issued in view of the provisions of Section 21(2) of the Delhi Development Act, 1957, which contemplates settlement of those land-owners, whose land has been acquired. Various facets of such directions have come up for consideration before the Hon'ble Supreme Court as well as by the High Courts including this Court earlier.;