- (1.) The petitioner has claimed a writ of mandamus to direct the respondents to allot a residential plot under the Oustee quota in terms of the policy/instructions dated 17.10.2000, 25.0.2000, 28.01.2004 & 25.05.2011.
(2.) The land of the petitioner was acquired for setting up of 'Sectors 76-80, SAS Nagar, Mohali' at three different times in respect of which Award Nos.480, 481 & 506 were announced on 07.05.2001, 17.05.2001 & 12.03.2010 respectively. It is pointed out that the petitioner is a co-sharer having 1/5th share in land measuring 125 Kanal 5 Marla. It is asserted that the policies dated 26.05.1983, 02.09.1994 & 28.01.2004 contemplated that all Oustee owning land in a joint khata would be entitled to one plot only. But a Full Bench of this Court in Jarnail Singh & others Vs. State of Punjab & others, 2011 AIR(P&H) 58, directed that each of the co-owner is entitled to separate plot of the area as per his share in the land holding. The Court gave the following directions: "1. The oustees, whose land is compulsorily acquired for a public purpose, form a class in itself, having a rational basis with the object of resettlement; 2. Clause 6(V) of the Policy dated 26.9.1994 is struck down as it has no reasonable nexus with the objective to be achieved; 3. A co-owner, as per the eligibility criteria fixed by the State Government, shall be entitled to be considered for allotment of plot irrespective of the fact that his holding of land is joint with other co-owner; 4. However, the oustees, as a class in themselves, would be entitled to reservation of plots to such an extent as the State Government may deem appropriate; 5. That the State Government shall be at liberty to reframe policy for reservation of plots to constitutionally permissible classes and within limit of 50% of plots; and 6. That till such time an appropriate policy is framed, the State Government or its instrumentalities shall not allot plots under the oustees quota."
(3.) Thereafter, the respondents framed a policy on 25.05.2011, wherein it was decided that if half an acre or more land of several joint owners has been acquired, each landowner of the land held under joint khata shall be eligible for allotment of a separate plot or house, as the case may be, subject to his eligibility which shall be determined in view of his share in the land acquired. The relevant condition from the policy dated 25.05.2011 reads as under: "2.1 A landowner whose land has been acquired for the purposes mentioned in Para 1 above, shall be eligible for being allotted a residential plot, on preferential basis as per the following table subject to such conditions as may be fixed by the Authority: Sr. No. Quantum of land acquired Approximate size of plot for which eligible a. From 1/2 acre to 1 acre Approximate size of plot for which eligible b. Above 1 acre and upto 2 acres 167 sq. meters (200 sq. yds.) c. Above 2 acre and upto 3 acre 250 sq. meters (300 sq. yds.) d. Above 3 acre and upto 4 acre 334 sq. meters (400 sq. yds) e. Above 4 acre 418 sq. meters (500 sq. yds.);