MAHESH GROVER,J - (1.) THE land of the petitioners was acquired by the respondents for a public purpose, namely, "Provision of City Level Infrastructure, regulated Urban Development of the area between Chandigarh and Mani Majra; the planned development and expansion of Chandigarh Technology Part; and the Protection of Ecology and Environment of Sukhna Choe Water Shed", vide notification issued on 1.10.2002 under the provisions of Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act'). In fact, two notifications were issued on 1.10.2002 each pertaining to different chunks of land. Subsequently, these notifications were succeeded by two notifications under Section 6 of the Act issued on 19.9.2003 and 29.9.2003. Some areas were released from acquisition.
(2.) THE acquisition was completed and the respondents entered possession of the acquired land. The petitioners had earlier unsuccessfully challenged the acquisition proceedings up to the Supreme Court. The end result, therefore, is that the acquisition stood complete in all respects. The petitioners have now filed the present petition by which they have prayed that they are oustees, since their land has been subjected to acquisition by the chandigarh Administration and a certificate to that effect has been issued by the office of respondent No. 3. They have prayed, on the strength of this certificate, that they are entitled to the benefit of an alternate dwelling unit under the Chandigarh Allotment of Dwelling Units to the Oustees of Chandigarh Scheme, 1996 (hereinafter described as 'the 1996 Scheme').
(3.) IT has been pleaded that time 1996 Scheme made a provision for allotment of dwelling units to the oustees under various schemes floated by the Chandigarh Housing Board (for short, 'the Board') and the extent of allotment was to be determined by the Board, as also the consequent allotment was to be made in the manner as prescribed under the Chandigarh Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1979 (hereinafter referred to as 'the Regulations').;