- (1.) In pursuance of a notification published on 16th October, 1970 under section 4 of the Land Acquisition Act (for short, the Act), the respondent-State Government acquired 196 acres of land for setting up an urban estate at Bhatinda. This included 1,200 square yards of petitioner's land. While determining compensation payable for the land of the petitioner under the Act, the Land Acquisition Collector instead of awarding any cash compensation made an arrangement in terms of sub-section (3) and (4) of section 31 of the Act in the following terms :- "The Government have decided to adjust residential plots in the Urban Estate or in the alternative to allot plot of the same size as far as possible on the payment of development charges and on the commitment from the side of the prospective owners of the residential plots that they will abide by the provisions of the Punjab Urban Estate (Development and Regulation) Act, 1964, and the Rules framed thereunder and as such other conditions as may be imposed by the Government. This meets with the objection/demand of the owner of small residential plots".
(2.) It is not a matter of dispute that in terms of the above-noted arrangement, the petitioner had made an application for the allotment of a plot in lieu of the acquired land and had also deposited. Rs. 2,500/- vide receipt No. 50, dated 1st February, 1972 towards the development charges of the plot to be allotted to her.
(3.) Later she was informed vide letter dated 7th December, 1972 (Annexure P.4) that in terms of the above-noted arrangement as incorporated in the award of the Collector itself she was going to be allotted a plot of 1,000 square yards in lieu of her acquired land. The operative part of this letter reads as follows :- "You are hereby informed that a plot measuring 1,000 sq. yards is being proposed to be allotted to you. After deducting the above-said area out of your acquired land only 200 sq. yards area becomes surplus for which Rs. 920.00 by way of compensation is due to you. If you accept the above-said plot then, for this, send the enclosed affidavit duly executed on judicial stamped paper worth Rs. 3/- and duly attested by Magistrate First Class or Notary Public or Oath Commi., to this office within 15 days of the issuance of this letter." In response to this communication, the petitioner fulfilled the requisite formalities of submitting her affidavit duly attested by the Magistrate 1st Class vide her letter dated 14th December, 1972 (Annexure P.5). Since the respondent-authorities failed to take any steps for the allotment of the plot to the petitioner she issued a notice demanding fulfilment of the promise made to her and in response to that the Estate Officer, Urban Estates, Punjab, vide his letter dated 26th February, 1973 (AnnexureP.6) informed her as follows :- "In response to your notice dated 8.9.72 you are hereby informed that it has been decided to allot a plot of 1000 sq yards in the Urban Estate of Bhatinda to Shrimati Lata Rai. This allotment will be made along with other oustees." As the authorities again failed to move into the matter, the petitioner served them with another notice (Annexure P.7) asking for the fulfilment of the arrangement made by the Collector for the payment of compensation to her. In response to this, the respondent-authorities informed her as follows :- "In response to your letter dated 14.11.77 on the above subject. In accordance with the policy of this department maximum one kanal plot can be allotted. If you are willing to get, you may send your willingness. Then suitable action will be taken accordingly." It is this stand of the respondent-authorities which is now impugned by the petitioner in this petition under Article 226 of the Constitution of India primarily on the ground that the respondent-authorities cannot be permitted to go back from their commitment to allot a 1,000 sq.yards plot to her in lieu of her acquired land.;