C.W.P. No. 7848 of 1989 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.W.P. No. 7848 of 1989 Date of Decision : 3.12.2010 Sodhi Gurdarshan Singh .......... Petitioner Versus The State of Haryana & others ...... Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present : Mr. G.S. Dhaliwal, Advocate for the petitioner. Mr. Siddharth Batra, Advocate for respondent Nos. 2 & 3 **** RITU BAHRI, J. This petition has been filed under Articles 226/227 of the Constitution of India for directing the Haryana Urban Development Authority to allot a plot to the petitioner as an oustee in lieu of acquisition of his land measuring 20 Kanals situated in village Bhainsa Tibba, Tehsil Kalka, District Ambala. The land of the petitioner measuring 20 Kanal situated in village Bhainsa Tibba, Tehsil Kalka, District Ambala was acquired by the Land Acquisition Collector, Urban Estate, Panchkula vide award dated 2.2.1984. C.W.P. No. 7848 of 1989 -2- The petitioner moved an application requesting for allotment of a plot in lieu of the acquisition of his land. A written statement has been filed by the Haryana Urban Development Authority on 28.10.2010, wherein a specific stand has been taken that the land of the petitioner had been acquired way back in the year 1984. This land falls in the area of Sector 6, MDC, Panchkula. The respondents floated plots in the said Sector in 2004 wherein oustees claims were also invited. The petitioner did not apply in 2004, hence, he is not entitled for consideration for allotment of plot at this stage. Mr. Siddharth Batra, learned counsel appearing on behalf of respondent Nos. 2 & 3 by placing reliance on the Division Bench judgment of this Court in CWP No. 5706 of 2005 decided on 10.12.2007, titled as Rattan Lal & Ors. Vs. State of Haryana & Ors. contended that allotment of plot to any oustee without due advertisement in any case would be viewed seriously. Instructions dated 12.3.2008 (Annexure R-1) have been issued to the effect that wherever outstees / landowners are claiming allotment of plots under oustees quota without issuance of advertisement and wherever they have failed to apply despite issuance of advertisements in the past, their claims should be rejected straightway. There was no policy for allotment of plots to the oustees in the year 1984, when the petitioner's land was acquired. The first policy came into existence on 10.9.1987. The benefit of the policy of 1987 can not be extended retrospectively. However, the respondents C.W.P. No. 7848 of 1989 -3- made an amendment in the policy on 27.3.2000 provided that where the land was acquired prior to 10.9.1987 and plots were still available then the claim of the oustees can be invited by way of advertisement for allotment of plots. These plots were floated in the year 2004, but the petitioner did not apply, therefore, he has lost the opportunity for allotment of plot and in view of the Division Bench judgment Rattan Lal & Ors. Vs. State of Haryana & Ors. (supra), no order for allotment of plot to the petitioner can be mate at this stage. Mr. G.S. Dhaliwal, learned counsel for the petitioner does not dispute this proposition of law. In view of the above, this writ petition is dismissed but with no order as to costs. 3.12.2010 (RITU BAHRI) 'sp' JUDGE