CWP No.11280 of 2009 -1- In the High Court of Punjab and Haryana at Chandigarh Date of decision: 15.09.2010 Jagmal Singh and another ... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. SP Khatri, Advocate, for the petitioners. Mr. RD Sharma, D.AG, Haryana, for respondent No.1. Mrs.Neena Madan, Advocate, with Mr.Raghujeet Singh Madan, Advocate, for respondent Nos.2 and 3. PERMOD KOHLI, J. (Oral) The petitioners land measuring 11 kanals 16 marlas comprised in Khewat No.37, rect. and Kila No.24/25/1 (1-1), 23/20 (8-0), 24/16/2 (2- 15) situated in the revenue estate of village Jamalpur Khori, was acquired for the development of Sector 23, Sonipat. The State of Haryana framed oustees policies from time to time for the landowners whose land is acquired for public purpose. Under such policies such of owner whose land is acquired is entitled to residential/commercial plot in the same sector where the acquired land is utilised. Policy dated 12.03.1992 was applicable at the time when the land of the petitioners was acquired. The policy whereunder petitioners are claiming allotment of plot, is reproduced as under:- “ (i) XX XX XX CWP No.11280 of 2009 -2- (ii) Oustees those land acquired is:- (a) Less than 500 sq. yds. Would be offered a plot of 50 sq. yds. (b) Between 50 sq. yds. And one acre would be offered a plot of 250 sq. yds. ( c) From 1 acres 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 plots of 250 sq. yds. each may be given.” Since the petitioner's acquired land was more than one acre, they claim entitlement to 500 sq. yds. plot. However, the petitioners were allotted a plot of 250 sq. yds only. Dis-satisfied with the allotment of only 250 sq. yds plot, the petitioners filed Civil Writ Petition No.5085 of 2007 which came to be disposed of on 24.09.2008 on the basis of an undertaking of the respondents that the case of the petitioners would also be considered in the light of the earlier judgment of this Court in the case of Dharamvir & another Vs. State of Haryana and others. It appears that on the basis of the aforesaid order and some other directions, the respondents passed speaking order dated 23.03.2009 (Annexure P-8) whereby the claim of the petitioners for allotment of another 250 sq. yds plot has been rejected on the ground that the petitioners sold the earlier plot of 250 sq. yds allotted to them. It is not in dispute that under the oustees policy, the petitioners are entitled to 500 sq. yds plot as the acquired land was more than one acre. It is equally admitted position that only one plot of 250 sq. yds has been CWP No.11280 of 2009 -3- allotted to the petitioners. The policy provides that where 500 sq. yds plot is not available, two plots of 250 sq. yds each may be allotted in the said category. Thus, undisputedly the petitioners are entitled for another plot of 250 sq. yds. The ground on which the claim of the petitioners has been rejected is not supported by any policy or any other rule or regulations whereunder the land owner under the oustees policy is not entitled to sell or transfer the plot allotted to him. In view of the above circumstances, the contention of the learned counsel for the respondents that the petitioners are not entitled to another plot of 250 sq. yds, is totally unwarranted. The impugned order dated 23.03.2009 (Annexure P-8) is, thus, liable to be quashed. I order accordingly. For the reasons recorded above, this petition is allowed. The respondents are directed to allot a plot of 250 sq. yds in Sector 23, Sonipat in accordance with the policy applicable at the time of the acquisition within a period of three months. 15.09.2010 (PERMOD KOHLI) BLS JUDGE