CWP Nos.17208, 17292, 16755,

1

16760, 16807 & 17217of 2010

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Date of Decision:- 18.11.2011

(1)

C.W.P. No. 17208 of 2010

Ved Pal

.....Petitioner

Versus

State of Haryana and others

.....Respondents

(2)

C.W.P. No. 17292 of 2010

Ram Gopal

.....Petitioner

Versus

State of Haryana and others

.....Respondents

(3)

C.W.P. No. 16755 of 2010

Hirdey Ram

.....Petitioner

Versus

State of Haryana and others

.....Respondents

(4)

C.W.P. No. 16760 of 2010

Shiv Narain

.....Petitioner

Versus

State of Haryana and others

.....Respondents

(5)

C.W.P. No. 16807 of 2010

Om Parkash

.....Petitioner

Versus

State of Haryana and other

.....Respondents

CWP Nos.17208, 17292, 16755,

2

16760, 16807 & 17217of 2010

(6)

C.W.P. No. 17217 of 2010

Bharat Singh

.....Petitioner

Versus

State of Haryana and others

....Respondents

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL,

HON'BLE MR. JUSTICE PARAMJEET SINGH.

Present:- Mr. Narender Sura, Advocate, for the petitioners.

Mr. Ajay Kumar Gupta, Addl. AG Haryana.

Mr. Arun Walia, Advocate, for respondents No. 2 and

3-HUDA.

****

Paramjeet Singh, J

This order shall dispose of Civil Writ Petitions No.

17208, 17292, 16755, 16760,16807 and 17217 of 2010 which

have been filed by various oustee farmers of Village Wazirabad

(in CWP Nos.17208 and 16755 of 2010), and Village Haiderpur

Viran (in CWP Nos. 17292, 16760, 16807 and 17217 of 2010),

Tehsil and District Gurgaon, whose land was acquired for

establishment and development of residential area as Sector 55

and 56, Gurgaon by the Haryana Urban Development Authority

(for short 'HUDA'). For brevity, facts are taken from C.W.P. No.

17208 of 2010.

The petitioners are the persons who have been

affected by the paradigm of development resulting to their

displacement. The rehabilitation and resettlement policy

CWP Nos.17208, 17292, 16755,

3

16760, 16807 & 17217of 2010

appears to be ill-equipped to counter the attitude of the

instrumentality of State. The displacement of petitioners

witnessed in law has resulted from the acquisition of land by

the State of Haryana in the year 1989 for development of

residential, commercial and institutional Sectors 55 and 56,

Gurgaon by the instrumentality of State i.e. Haryana Urban

Development Authority (hereinafter referred to as the `HUDA').

The entire holdings of the petitioners and other co-sharers have

been acquired. In recognition of the displacement of the

petitioners and the related persons, rehabilitation and

resettlement policy was framed by the HUDA and the

Government of Haryana and amended from time to time. More

than two decades had passed, the petitioners are unable to get

plot under the Oustee's Quota Policy. It appears that the State

machinery is ill-equipped to do justice to such persons. Every

day this Court is flooded with petitions whereby the petitioners

approach this Court for seeking allotment of plots under the

“Oustee Quota” or alternate plot and possession of the plots

carved out by the HUDA. HUDA, now is not an institution

providing infrastructure and affordable housing to the persons,

rather is working as profit making organization.

CWP Nos.17208, 17292, 16755,

4

16760, 16807 & 17217of 2010

All the petitioners claim that being oustees, they are/

were entitled for residential plots as per the oustee policies

framed by HUDA from time to time. Till date HUDA has framed

policies dated 10.9.1987, 9.5.1990, 18.3.1992, 12.3.1993,

22.1.1997, 28.8.1998, 27.03.2000, 10.7.2002, 8.12.2003, and

Govt. of Haryana had notified polices dated 7.12.2007 and

09.11.2010. The petitioners claim as per policy dated

18.3.1992 as well as the subsequent policy dated 12.3.1993

modifying the earlier policy. It would be appropriate to

reproduce the extract from relevant policies framed by HUDA as

were applicable