IMPORTANT POINT
Where the scheme applicable specifies the price to be charged for allotment, its terms cannot be ignored.

JUDGMENT

R.V. Raveendran, J. —

Leave granted.

2. The first respondent Haryana Urban Development Authority (for short HUDA) formulated a Scheme vide Circular dated 10.9.1987 (as clarified by circular dated 9.5.1990) for allotment of plots to land losers/oustees at normal allotment rates. The said scheme inter alia provides for allotment of a plot measuring 250 sq. yd. to a landowner whose acquired land measures between 500 sq. yd. to one acre. It also provides that where there are a number of owners in respect of an acquired land, efforts should be made to accommodate each of them subject to a limit of one plot of 250 sq. yd., for every acre of land acquired. It requires that “claims of the oustees shall be invited before the sector is floated for sale”. A revised policy/scheme was introduced by HUDA by circular dated 18.3.1992 which inter alia provided as follows :

“(vi) Allotment of plots to the oustees will be made at the allotment rates advertised by the Haryana Urban Development Authority for that sector Land-owners will be given compensation for their land which is acquired.

(vii) Claims of the oustees for allotment of plots under this policy shall be invited by the Estate officer, Haryana Urban development Authority concerned before the sector is floated for sale.”

3. The appellants 1 to 6 were the owners of 38 bighas and 3 biswas of land in Hudbust No.1, Kasba Karnal. Their lands were acquired for development and utilization of land as residential and commercial area of Karnal under a preliminary notification issued in 1989 followed by final notification issued in the year 1990. On making the award, possession was taken on 19.12.1990. The appellants made an application to HUDA for allotment of plots under the aforesaid oustees policy on 28.12.1990.

4. HUDA developed a layout (Sector-4 Part-II) for the benefit of general public in the acquired lands and offered the residential plots in that sector for allotment at the rate of Rs.1032/- per sq. m. (Rs.863/- per sq. yd.) for 300 sq. mtr. plots and Rs.1135/- per sq. m. for 420 sq.m. plots. As the appellants were not allotted plots, they filed a writ petition (CWP No.2596/1992) seeking a direction to HUDA to allot to each of them a plot measuring 250 sq.yd. in Sector 4 or 5 which were being developed by the respondents, at cost on “no profit no loss basis”. The said writ petition was disposed of by order dated 29.7.1992 recording the statement of the respondents that the case of the appellants was under consideration and they will be allotted plots, with a direction to the respondent to decide the matter expeditiously preferably within six months. As the order dated 29.7.1992 was not complied with, the appellants filed a contempt petition (COCP No.240/1993). Only thereafter, the second respondent (Estate Officer, HUDA) sent letters of allotment dated 13.9.1993 to each of the appellants allotting a plot measuring 209 sq.m. (250 sq.yd.) at a cost of Rs.280,478/- which works out to Rs.1342/- per sq.m. (Rs.1122/- per sq.yd.). In view of the said allotments, the contempt petitions were disposed of recording the submission that all the appellants have been allotted plots.

5. The appellants again approached the High Court by filing a writ petition (CWP No.12240/1993) contending that the allotments should be made at cost plus development charges basis and not at market price. The appellants also sought quashing of the demand for payment of a price of Rs.280,478/- for each of the plots allotted to the appellants. A learned Single Judge of the High Court by order dated 10.11.2008 dismissed the writ petition on the ground that the matter was governed by the policy dated 10.9.1987; that under that policy, the oustees - allottees were liable to pay the normal allotment rate, which meant the prevailing rate that was being charged from any ordinary allottee to whom plots were allotted in that sector; and that as the allotment rates charged to the appellants were the same as the allotment ra