Jasbir Singh, J.

1. This judgment will dispose of nine petitions, i.e., Civil Writ Petitions No. 2272 of 2003 (O&M), 472 of 2003, 8968 of 2003, 2912 of 2003, 17866 of 1999, 3364 of 2002, 9179 of 2002, 8671 of 2008 and also CWP No. 13012 of 2006. The petitioners in all the cases except CWP No. 13012 of 2006 are in unauthorised occupation of rural/ urban evacuee /agricultural land/ property and they are claiming its allotment to them in terms of the policy decision of the State of Haryana dated November 1, 2001 (P-3). However, in CWP No. 13012 of 2006, the petitioners belong to a weaker section of the society. Their prayer is to quash the State Governments policy , stated above, on a ground that allotment of land to the unauthorised occupants under the policy would amount to giving premium to them and it will be against the principles of Rule of law and natural justice. It is their further prayer that as per their representation, land be allotted to them for earning their livelihood.

2. Background of the litigation:

At the time of independence of the country in the year 1947, many Muslim land owners migrated from this part of the country to Pakistan and vice versa. The land left by the Muslim owners became part of the evacuee property, which originally was being managed by the custodian. In the year 1954, the evacuee properties were acquired and made part of the compensation pool as envisaged in Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The properties in the pool were meant for settlement of those, who had migrated from Pakistan to this part of the country. Their claims were verified on the basis of revenue record, which was received from Pakistan.

The process continued till the year 1961. The State of Punjab and thereafter the State of Haryana under package deals and administrative and financial arrangements purchased vast track of land, detail of which is given below: "1. Total evacuee land at the time of partition of the Country(1947) =47,35,310 Acres 2. Year of Package Deal/ Land/Property Rate Administrative Arrangement transferred (a) 1961 Rural 80,000 Acres Rs. 450/- per Gair Mumkin 1,11,000 Acres standard Acre (b) 1963 Urban 2800 Acres Rs. 1100/-per Acre to 500/- (c) 1970 Urban Remaining Rs. 1100/- properties per Acre (d) 1976 Nilokheri 60 Acres Rs. 1.5 lacs per Acre (e) 1981 Faridabad NIT 1329 Acres Rs .1.60 Crore"

3. As per admitted facts, the State of Haryana is the owner of the land, which was transferred to it under the Package Deal and other instructions.

4. With a view to give benefit to those, who were in an unauthorised occupation of part of the evacuee property, firstly the State of Punjab and thereafter the State of Haryana started issuing instructions/ press notes from time to time for transfer of evacuee properties to its occupants against price to be fixed by the Government. One such policy was issued on July 2, 1963, envisaging allotment of surplus evacuee rural land to the unauthorised occupants on the following terms and conditions: "S.No. Category of Occupants Rate per Standard Acre Garden Sub Urban Rural For For colonies v illages of villages Scs Ors, i) Long term lesses in Rs.1800/- Ludhiana -5000/- 450/- They continuous occupation Jullundur 2200 would City&Cantt. Be of unallotted evacuee Amritsar 2200 intimated lands whose leases have Sirsa lateron not been cancelled or Sonepat 2000 resumed for any infringment Muktsar of the condition of the lease. ii)Annual / lesses in continuous Phagwara possession of evacuee land Rohtak since Kharif 1957 Others 1800 iii)Preparation lesses/ tenants in continuous possession from Rabi 1947 iv)Preparation tenants paying no rent beyond land revenue 2) Unauthorised cultivators of -do- -do- 450/- -do evacuee lands who originally came into possession as regular lesses in Kharif 57 or earlier but who could not continue as such due to non auction of leases in subsequent years. 3) Unauthorised occupants in -do- -do- 450/- For 800