SURYA KANT,J - (1.) THE three writ petitioners who are sons of Ram Asra, are aggrieved at the order dated 03.03.2006 (Annexure P-18) passed by respondents Nos. 2 and 3 to the extent they have been denied allotment of one plot of 500 square yards or two plots of 250 square yards each under the Oustees Quota. The petitioners accordingly seek a direction to respondents Nos. 2 and 3 for allotment of a one kanal plot or two plots of 250 square yards or even if those are not available, two plots of 8 marla each, in accordance with the policy decision taken by respondent No. 2 Haryana Urban Development Authority (in short 'HUDA').
(2.) THE undisputed facts are that the petitioners were joint owners of land measuring 40 kanals and 18 marlas situated in the revenue estate of village Railly, District Panchkula. Their land was acquired by the State Government for urbanisation/expansion of Urban Estate, Panchkula by the HUDA. Huda framed a policy known as Oustees Quota in terms whereof, residential plots are offered to the land owners whose land is acquired for the development of the urban area concerned
(3.) SOME of the salient features of the policy guideline dated 10.09.1987 as modified subsequently on 18.03.1992 are as follows : "1. Plots to the outsee's would be offered if the land proposed to be acquired is under ownership of the Oustee prior to the publication of the Notification under Section 4 of the Land Acquisition Act and if 75% or more of the total land owned by the land owners in that sector is acquired. 2. Oustee, whose land acquired is : (a) Less than 500 sq. yards would be offered a plot of 50 sq. yard. (b) Between 500 sq. yds. and one Acre would be offered a plot of 250 sq. yds. (c) From one acre and above would be offered a plot of 500 sq. yds or where 500 sq. yds plots are not provided in the layout plan, two plot of 250 sq. yds. each may be given. 3. The policy will also be applicable in case there are a number of co-sharers of the land, which has been acquired. If the acquired land measures more than one acre, then for 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- sharers is less than one acres, only one plot of 250 sq. yds. would be allotted in the joint names of co-sharers." (Emphasis applied);