- (1.) The petitioner seeks a writ of mandamus directing the respondents to allot in his favour a plot admeasuring 100 sq. yards (4 Marlas) under the oustee category. In the year 1974, the petitioner's father's land admeasuring 7 marlas was acquired under the Land Acquisition Act, 1894. In the year 1984 also, the petitioner's father's land admeasuring 3 kanals 11 marlas was acquired. The policies relating to allotment under the oustee quota changed from time to time and even between the first and second acquisition of petitioner's father's property.
(2.) Upon the acquisition in the year 1974, the petitioner's father made an application for allotment under the oustee quota. At that time the policy dated 17.04.1984 was in force. Clauses 6 and 8 of the policy in so far as they are relevant read as under:- "Eligibility:- 6. 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. yds. to be allotted to persons having a gross monthly income of Rs.350/-. ii) Plots upto 125 sq. yds. will be allotted to persons having a gross monthly income of Rs.550/-. iii) Plots upto 150 sq. yds. will be allotted to persons having a gross monthly income of Rs.750/-. iv) Plots upto 200 sq. yds. to be allotted to persons with a gross income of Rs.1,000/-. Reservation Policy:- 8. 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 setting up of an Estate shall be accommodated within the frame work of the income criteria (prescribed) mentioned above ..".
(3.) The policy dated 17.04.1974 relating to future development of Urban Estates in Punjab was amended on 26.05.1983 by introducing the policy regarding disposal of residential plots in the Urban Estates, Punjab1983. The relevant provisions thereof are as follow:- "ACCOMMODATION OF OUSTEES:- The policy regarding the allotment of plots to oustees will be as under:- i) xx xx xx xx ii) xx xx xx xx iii) An oustee would only be allotted plot on the following basis:- LAND ACQUIRED SIZE OF PLOT (a) 1/2 acre to 3 acres 100 sq. yds. (b) Between 3 to 5 acres 200 sq. yds. (c ) Above five acres 500 sq. yds. (unless he asks for a smaller plot). EXPLANATION: However, if on the land acquired there was a dwelling unit, 100 sq. yds. plot may be allotted even though the area acquired may be less than 1/2 acre. (iv) The price chargeable for allotment of plots to the oustees would be same as for general category. (v) All oustees of any Joint Khata would be entitled to one plot only.";