Civil Writ Petition No. 16062 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16062 of 2010 Date of Decision: 30.8.2011. Nepal Saini ..Petitioner Versus State of Haryana and others ..Respondents. CORAM: HON'BLE MR JUSTICE RAJIVE BHALLA Present: Mr. Ajit Malik, Advocate for the petitioner. Ms. Shruti Jain, AAG, Haryana for respondent no.1 Mr. J.P.Bhatt, Advocate for respondents no. 2 to 4. RAJIVE BHALLA, J. (ORAL) This order shall dispose of Civil Writ Petition Nos. 16062 and 16117 of 2010 as they involve adjudication of common questions of fact and law. For the sake of convenience, facts have been taken from Civil Writ Petition No. 16062 of 2010. The petitioner prays for issuance of a writ in the nature of mandamus directing the respondents to allot a residential plot under the oustees policy. The petitioner filed an application, along with 10% of the total tentative price, but his application was not included in the draw of lots, on the ground that no plots have been reserved for oustees. Counsel for the petitioner submits that as per the relevant policy, plots are required to be offered to oustees before they are offered to the general public. The action of the respondents in not offering any plots to oustees, is illegal and violative of the policies framed by the State of Haryana. Counsel for the Haryana Urban Development Authority, admits, Civil Writ Petition No. 16062 of 2010 2 on the basis of reply, that applications were not invited from oustees before plots were offered to the general category. However, it is submitted that as the petitioner's application was included in the general category without any objection from the petitioner, he has no right to maintain this petition. I have heard counsel for the parties. The petitioner's land was acquired for development of Sector 2, Faridabad in 1992. The petitioner's right to allotment of a plot as an oustee has to be considered under policies notified on 18.3.1992, and 12.3.1993 (Annexures P-3 and P-4), as modified from time to time. As per these and all other policies relating to allotment of plots to oustees, plots have to be offered to oustees before they are offered to the general public. The respondents have, admittedly, failed to offer plots to oustees before plots were offered to the general public. The obligation to ensure allotment of plots to oustees, subject to their eligibility, rests upon the respondents. Any departure from the scheme, shall be a serious misdemeanour that may invite serious consequence. The respondents are therefore, ordered to re-consider the petitioner's application, for allotment of a plot as an oustee, within one month from receipt of a certified copy of this order and pass a speaking order. Both writ petitions are disposed of in the above terms. 30.8.2011 ( RAJIVE BHALLA ) VK JUDGE