- (1.) The State of Punjab acquired land in the revenue estate of village Mohali, including that of the petitioner, for Phase VI, for setting up Industrial Urban Estate vide award No. 264, dated 4th October, 1972. The petitioner was paid compensation for his acquired area as assessed by the authorities. In April, 1974, the Government formulated a policy for the figure development of urban estates in Punjab and the same is contained in memorandum No. 3283-3 UD-74 dated 17th April, 1974 (P.1) addressed by the Secretary to Government Punjab, Local Government and Urban Development Department to the Director, Housing and Urban Development, Punjab. The relevant part of this policy reads: "6. ELIGIBILITY--It has been decided to reserve the smaller sizes plots exclusively for the persons belonging to the lower income groups. The allotment of plots shall, therefore, be made on the basis of the following income criteria:- (i) Plots upto 100 Sq. Yards to be allotted to persons having a gross monthly income of Rs. 350/-. (ii) Plots upto 125 Sq. Yards to be allotted to persons having a gross monthly income of Rs. 550/-. (iii) Plots upto 150 Sq. Yards to be allotted to persons with a gross income of Rs. 750/-. (ii) Plots upto 200 Sq. Yards to be allotted to person having a gross monthly income of Rs. 1,000/-. 8. RESERVATION POLICY--It has been decided to revise the existing policy of reservation as follows :- (i) Before any plots are allotted, all oustees, whose land has been acquired for the settingup of an estate shall be accommodated within the framework of the income criteria (prescribed) mentioned above. Further, all war windows will also be accommodated on cent per cent basis and plots allotted to them as per their requirements and social needs. MODE OF PAYMENT--(i) All allotments will be made on the basis of the payment system stated above. Group I :- All plots in this group i.e. 250 Sq. Yards and above would be sold on cash down basis, except in case of plots allotted to employees of the Punjab State Government and the Defence Forces, who shall pay the price of the plot in 4 equal instalments, including interest. Group II :- All plots in this group i.e. 200 Sq. Yards below shall be sold in deferred payment basis i.e. 4 equal instalments inclusive of interest...... 10. DISPOSAL OF PENDING APPLICATIONS--It has been decided, that before any fresh applicants are considered for allotment of plots in any of the urban estates, the old applicants will be accommodated and given the chance of purchasing plots as per the revised system of payment. Even among these, plots will be allotted to those applicants who had applied in response to advertisements of the Department and thereafter to those who had applied voluntarily. Director Housing will prepare detailed lists of all old applicants and then proceed to allot plots first to the applicants who have applied in response to the advertisements issued by the Department and thereafter to those who applied voluntarily. All old applicants will be addressed through a self-explanatory letter, briefly detailing the new policy and prescribing the manner in which the balance payments are expected to be paid by them. These letters will be addressed individually to all old applicants giving a date by which they should pay up the balance price in terms of the new policy. In case, any old applicant is not desirous of procuring a plot on the basis of the new policy, he would have the option to ask for a smaller plot or the refund of the amount deposited by him......''
(2.) The petitioner applied for the allotment of residential plot measuring 250 Square Yards on 8th January, 1974, along with a bank draft of Rs. 711/-. As provided in the policy decision, P.1, the petitioner was required to make the payment of the price of the plot on cash down basis. According to the petitioner, he was not in a position to pay the lump-sum price of the plot. According to him, he sent a letter on 11.11.1976, to the Department requesting that he may be allotted a plot measuring 200 Square Yards instead of 250 Square Yards. In the meantime, the petitioner had been written letters by the Department on 4th November, 1974, Ist June, 1976 and again on 5th October, 1976, intimating him to remit the balance price of the plot and also to furnish the requisite affidavit but without any response. The Department wrote another letter dated 10th February, 1978 to the petitioner asking him to remit the balance amount and to furnish the prescribed affidavit. The petitioner informed the Department vide letter dated 8th March, 1978 (R.5) that he may be allotted a plot measuring 200 Square Yards instead of 250 Square Yards. The petitioner also filed an affidavit that his income was Rs. 400/- per month but he did not furnish the affidavit to the effect that he or any member of his family had not previously obtained any residential plot in any urban estate. On 16th June, 1978, the petitioner sent a bank draft of Rs. 2190/- towards part payment of price of plot measuring 200 Square Yards. The Government revised the reservation policy which came into force on 2nd February, 1981 and is contained in Annexures R.6 and R.7. The petitioner was addressed a letter dated 17th August, 1981, by the Department to exercise his option in terms of the new policy for consideration of his case thereunder. The petitioner has not exercised the option so far.
(3.) The case of the petitioner is that he is an oustee inasmuch as his land had been acquired. He filed an application for the allotment of plot in January, 1974. He is entitled to the allotment of a plot in the terms of the policy decision of 1974 (P.1). His entitlement cannot be adversely affected by the new policy decision of the Government which has come into force with effect from 2nd February, 1981. The petitioner has consequently filed the present writ praying for a mandamus to be issued to the respondents to allot him a plot measuring 200 Square Yards in the Urban Estate Mohali and at the reserve price of Rs. 58/- per Square Yard which was fixed in 1974.;