CIVIL WRIT PETITION NO. 12790 OF 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION : September 03, 2009. Parties Name Kalawati ...PETITIONER VERSUS Haryana Urban Development Authority and another ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Harkesh Manuja, Advocate, for the petitioner. Mr. Sachin Kapoor, Advocate, for the respondents JASBIR SINGH, J. (oral) ORDER: This writ petition has been filed with a prayer to quash orders dated April 20, 2005, and September 17, 2005, copies Annexures P-6 and P9 Respectively. It is further prayer of the petitioner that respondent No. 2 be directed to allot one plot to her, under oustee's quota category as her land was acquired in the year 1989. Counsel for the parties heard. It is case of the petitioner that the petitioner was owner of land falling in two Khewats. In one Khewat, she was owner along with other co- sharer and the land in another Khewat was her exclusive ownership. However, the authorities propose to allot only one plot, to all the co-sharers, CIVIL WRIT PETITION NO. 12790 OF 2007 -2- who were owners in a joint Khewat. Upon notice, reply has been filed, in para No. 2 whereof it has been stated as under: “That the contents of para No. 2 of the CWP are wrong and hence denied. In reply to the contents of para No. 2 of the CWP, it is submitted that as per record made available by the Land Acquisition Officer, the petitioner was recorded as the owner of ½ part of land measuring 29 Kanal 12 Marla in Khewat No. 542/661. The petitioner was yet further recorded as the only owner of merely 4 Kanals of land in Khewat No. 541/660.” As per record, it is not in dispute that the land, which was in exclusive ownership of the petitioner, was also acquired. Vide the impugned orders, petitioner was held entitled to one plot along with other co-sharers, whose land falls in the joint Khewat. Counsel for the petitioner states that the petitioner shall not claim any plot along with his co-sharers, whose land falling in Khewat No. 542/661, was acquired. Rather the petitioner shall claim benefit for land, which was her exclusive ownership and falls in Khwat No. 541/660. To the prayer made, counsel for the respondents states that in case the petitioner files an affidavit before the Estate Officer stating the above said fact, then petitioner's claim for allotment of a plot against oustee quota, for acquisition of her land, which was exclusive ownership of the petitioner, shall be considered as per policy of the State Government. Counsel for the petitioner states that requisite affidavit be filed before the Estate Officer within three weeks from today. CIVIL WRIT PETITION NO. 12790 OF 2007 -3- In view of consensus arrived at between the parties, this writ petition is disposed of by issuing direction to respondent No. 2 that in case the petitioner files an affidavit, as stated before this Court, then her claim be considered for allotment of a plot against oustee quota as per policy of the State Government. Needful be done within a period of four months from the date of receipt of copy of this order. ( Jasbir Singh ) Judge September 03, 2009. DKC