VIJENDER JAIN, J. - (1.) THIS judgment will dispose of the above mentioned two writ petitions as the common questions of law and facts are involved therein.
(2.) THE petitioners have prayed for quashing of the respondents' decisions dated 18.3.1992 (Annexure P23) and 12.3.1993 (Annexure P24), which are the policies framed by them to rehabilitate the persons, who have been ousted from their land on account of it being acquired pursuant to the provisions of the Land Acquisition Act, 1894 (for short, 'the Act'). A further prayer has also been made for quashing of the letters (Annexure P25 dated 21.3.2007 in C.W.P. No. 6129 of 2007 and Annexure P14 dated 13.2.2007 in C.W.P. No. 7122 of 2007) by which one plot measuring 500 sq.yards has been allotted to each set of the petitioners. The primary reason for such a prayer is that they, being the co- sharers, were entitled to a separate plot of 500 sq. yards each. The petitioners were co-sharers in the land which was subjected to acquisition in the proceedings initiated in the year 1992 and culminated on 19.1.1995 when the award was announced. In the said acquisition, 71 kanals of land belonging to the petitioners in C.W.P. No. 6129 of 2007 and 11 kanals and 16 marlas of land of the petitioners in C.W.P. No. 7122 of 2007 were acquired by the State Government for development of residential Sectors by the Haryana Urban Development Authority (hereinafter described as 'the HUDA'). In the year 2003, the land measuring 54 kanals belonging to the petitioners in C.W.P. No. 6129 of 2007 and a big chunk of land of the petitioners in C.W.P. No. 7122 of 2007 were again notified along with the lands of others for acquisition for a public purpose, namely, for residential and commercial Sectors 3 and 5, Hisar, for which they had received notices under Section 9 of the Act (Annexures P16 to 19 in C.W.P. No. 6129 of 2007 and Annexures P15 to P22 in C.W.P. No. 7122 of 2007).
(3.) THE HUDA, in order to rehabilitate the oustees whose lands had been acquired for development of various Urban Estates in the State, formulated a policy for allotment of residential plots/commercial sites to them and circulated the same vide letter dated 18.3.1992. The relevant conditions laid down for such allotment are reproduced below :- "(i) Plots to the oustees would be offered if the land proposed to be acquired is under the ownership of the oustee prior to the publication of notification under Section 4 of the Land Acquisition Act, 1894 and if 75% or more of the total land owned by the land owners in that sector is acquired. (ii) Oustees whose land acquired is : (a) Less than 500 sq. yards should be offered 50 sq.yards plot; (b) Between 500 sq.yards and one acre should be offered a plot of 250 sq.yards.; (c) From one acre and above would be offered a plot of 500 sq.yards or where 500 sq. yarads plots are not provided in the layout plan, two plots of 250 sq.yards each may be given. (iii) The above policy shall also apply in case there are a number of co- sharers for the land which has been acquired. If the acquired land is more than one acre, then for the purpose of granting benefits under this policy, the determining factor would be the area owned by each co-sharer respectively as per his/her share in the joint holding. In case the acquired land of the co-sharer is less than one acre, only one plot of 250 sq.yards would be allotted in the joint name of the co-sharers. (iv) If the land of any land owner is released from acquisition, he/she would not be eligible to avail of any benefit under this policy (irrespective of the area of land released)." ;