- (1.) This petition filed under Article 226 of the Constitution prays for issuance of directions to the respondents to allot to the petitioner a residential plot according to the oustees policy, dated 10.9.1987 (P-1). It is admitted position that the status of the petitioner is that of an oustee as his land measuring approximately 39 Kanals, was acquired on 5.11.1996 for development of Sectors 3 and 7, Sonepat and Award No. 11 was announced. On 18.11.2002, the petitioner applied for allotment of 14 maria size of plot under the oustees' policy and deposited Rs. 77,501/-. In support of the claim, the petitioner has placed on record receipt dated 18.11.2002 (P-2). However, respondent Nos. 2 and 3 proceeded with draw of lots in May, 2003 as is evident from para 1 of the preliminary submissions of the reply filed on behalf of respondent No. 2. It is the categorical stand of the petitioner that his application for the allotment of a residential plot was considered in the draw of lots meant for general category which ought to have been considered separately under oustees' quota as envisaged by the policy dated 10.9.1987 and 12.3.1993. Aggrieved by the aforementioned action of the respondents, the petitioner served a legal notice dated 27.2.2004 to the respondents for allotment of plot under the oustees policy. The petitioner claimed that all the necessary documents fulfilling the requirements of the policy have been submitted on 23.6.2004 (P-5). It is evident from the perusal of Annexures P-4, P-5 and para 10 of the petition that the petitioner in fact furnished all the details to the respondents.
(2.) The averments made by the petitioner in the writ petition have not been controverted and it has been accepted that the application of the petitioner has been considered in the draw of lots meant for General Category and the case of the petitioner has not been considered in the oustees category as is required by the policy dated 10.9.1987 (P-1). Another policy dated 12.3.1993 (P-7) has also been placed on record where the mode of allotment for oustees has been substantiated.
(3.) After hearing learned counsel for the parties, we are of the view that this petition deserves to be allowed. The policy dated 10.9.1987 (P-1), and 12.3.1993 (P-7) recognize the rights of an oustee as a separate category and none of the policies envisages consideration of the oustees in a draw of lots meant for general category. Some of the clauses of the policies which are relevant to the controversy raised reads as under: Policy Instructions dated 10.9.1987 (P-1) "1. Among others, those who own land upto 500 sq. yds should be offered a plot of 100 sq. yds., those who own land more than 500 sq. yds. to one acre should be offered plot of 250 sq.yds. & owners of larger lands should be offered plots of 250 sq. yards. 2. If there are a number of owners for particular land efforts should be made to accommodate them subject to the limit of one plot of 250 sq. yds. for every acre of land acquired. Such plot should be offered to the. person when he files an affidavit to the effect that he does not hold any house/shop or plot in that town. This condition will be in conformity with the decision of the Hon'ble Supreme Court in Pista Devi's case. The land-owners will be given compensation for their land which is acquired while they will have to pay for these plots at the normal allotment rate of Haryana Urban Development Authority. Those, whose constructed houses are released will pay Development cost for the portion of the land. The persons whose part of the land of some houses have been released from the acquisition and the remaining land stands acquired, should not be considered in the category of oustees for allotment of plots under this category. The Hon'ble Supreme Court has also decided in a number of cases that land should be allotted for a house/shop to all those persons whose land has been acquired. Legally, it becomes the responsibility of Haryana Urban Development Authority to allot/reserve some commercial sites for oustees. The commercial sites/building are sold by auction and under these circumstances such sites/building could be. considered for allotment to oustees on reserve price as and when the auction for the same is held. As and when these sites/building are put to action, the oustees who want to purchase the sites/building could represent fore hand for allotment so that requisite number could be reserved for them. These instruction may be brought to the notice of all concerned. Policy instructions dated 12.03.1993 (P-7) The policy instructions dated 12.3.1993 further envisage that the claim of the outsees are required to be invited through press/newspaper for allotment of plots much before floatation of the sector. Even the past claims of the oustees are required to be scrutinized by a committee in terms of the policy which was applicable at the relevant time and a time frame of four months has been fixed. Thereafter mode of allotment has also been described which is required to be undertaken much before the other allotments of general category who are to be considered in the draw of lots. Clause (vi) which deals with mode of allotment reads as under: (vi) Mode of allotment After the claims have been finally accepted by the competent Authority, the applicant's claims will be kept in a live register and applicants shall be asked to deposit the earnest money equivalent to 10% of the cost of the plot as and when sector scheme is to be floated. The allotment of plots to such claimants shall normally be done prior to or at least along with other applicants who have been declared successful in the draw of lots after the floatation of the scheme. By doing so, the number of plots, which are to be offered in general draw will be identified after the claims of the oustees have been scrutinised/accepted and the residual plots are earmarked for the general draw. Those allottees who do not prefer their claims within the stipulated period along with requisite information will have no right for consideration of their claims after the general draw is over in respect of that sector, ;