IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 18722of 2009 Date of decision: 11.03.2011 Tahal Singh ...Petitioner Versus HUDA and others ...Respondents CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Deepak Arora, Advocate, for the petitioner. Ms. Neena Madan, Advocate for the respondents. **** RANJIT SINGH J. The petitioner has filed this writ petition seeking writ of mandamus for the respondents to consider his case under the oustees quota as the petitioner has applied for 10 marlas plot under this quota in Sector 28, Panchkula. He has also deposited 10% of the earnest money. The stand taken in the reply is that the land of the petitioner has been acquired for carving out Sector 21, Panchkula and, accordingly, the petitioner's claim for allotment of plot in Sector 28 was not accepted. Counsel for the petitioner at that stage had pointed out that Sector 21 is not a developed sector and as such he be considered for allotment of allot in Sector 28. Finding that there was nothing on record to indicate that the acquired land has been utilized for carving out Sector 21, counsel for the respondents had prayed for time to have instructions in regard to the development of Civil Writ Petition No. 18722of 2009 -2- the land so acquired. Counsel for the HUDA today points out that Sector 21 has been fully developed and also she submits that as and when the process is commenced to allot the plot in Sector 21, the case of the petitioner shall be considered under the oustees quota and for that he can make an application. As per the counsel for HUDA, this is as per the policy instructions issued by the respondent/HUDA. Counsel for the petitioner, however, says that claim of some of the similarly situated persons has been considered and they have been allotted plot in some other sectors, whereas their land had been acquired for different sector. If it be so then the case of the petitioner would also require similar treatment. Directions are issued to the respondents to consider the claim of the petitioner if there are precedents in this regard. If any person similarly placed, whose land had been acquired for a particular sector but has been allotted the plot in some different sector then claim of the petitioner shall also be considered. Otherwise the petitioner's claim for allotment of oustees quota plot shall be considered as and when allotment is commenced in respect of Sector 21. It may also need to be observed that the person whose land is acquired should not be treated as if he begging some thing for which he is at the mercy of the respondents. The HUDA has formed policy but still the persons are left high and dry. The HUDA may consider the case of the petitioner, especially so, in view of the observation recently made that rich cannot be allowed to become Civil Writ Petition No. 18722of 2009 -3- richer at the cost of poor farmers whose land is acquired. Atleast, HUDA should consider cases with sympathy for allotment of oustee quota and should not raise technical objection as is being raised everyday before this Court. Let this order be placed before the Chief Administrator, HUDA for consideration. The present writ petition is, accordingly, disposed of. March 11, 2011 (RANJIT SINGH ) rts JUDGE