IMPORTANT POINT
Oustees--Discrimination--Oustees form a distinct class, a class whose land has been acquired--Policy contemplating allotment of plots to the oustees creates a class of persons entitled to preferential allotment than the general public.

Headnote:(A) Constitution of India, 1950, Arts.14 & 21--Land Acquisition Act, 1894--Allotment of plot--Oustees--Discrimination--Whether the oustees form a class entitled to plot on account of acquisition of land for residential purposes by State Government and/or its instrumentalities--Rehabilitation and resettlement of landowners, where land has been acquired, has been held to be a facet of Article 21 of the Constitution--Policy framed by the State Government for allotment of a plot on fulfillment of the eligibility conditions, in fact, is creating a class requiring preferential allotment--Oustees form a distinct class, a class whose land has been acquired--Policy contemplating allotment of plots to the oustees creates a class of persons entitled to preferential allotment than the general public--The Policy of allotment to an oustee, is in fact reservation of plots to such class of eligible land owners--If the oustees do not form a class entitled to reservation of plots, the scheme itself would be hit by the doctrine of equality enshrined by Article 14 of the Constitution of India--Therefore, the Policy contemplating the plots for oustees is nothing but a reservation of plots for such class. (Paras 15 & 18)
       (B) Constitution of India, 1950, Arts.14 & 21--Land Acquisition Act, 1894--Allotment of plot--Oustees--Discrimination--Restrictions of allotment of one plot to a joint khata holder is unreasonable and arbitrary as each of the land owner is entitled to rehabilitation in his individual right--A co-owner is owner of land as much as his other co-owners are--Mere fact that two or more persons have not sought partition of their holding and/or are enjoying the joint possession, does not affect the title of each of the co-owners--The co-owners are deprived of their title and possession by way of acquisition of land--Therefore, there is no reasonable explanation as to why a co-owner has been made ineligible, except to the extent that number of co-owners would be so large, which will make the process of acquisition itself futile--Clause restricting the allotment of one plot to all co-owners is irrational, arbitrary and with no reasonable nexus with the objective to be achieved and thus, not sustainable--Therefore, clause of the policy dated 16.9.1994 restricting allotment of one plot to all the co-sharers, is illegal and void. (Paras 20 & 21)
       (C) Constitution of India, 1950, Arts. 14 & 21--Land Acquisition Act, 1894--Allotment of plot--Oustees--Discrimination--Whether certain percentage of plots is required to be reserved for oustees or that the oustees are entitled to preferential allotment of plots first without allotting the same to the general public--Oustees, as a class in themselves, would be entitled to reservation of plots to such an extent as the State Government may deem appropriate--State Government shall be at liberty to reframe policy for reservation of plots to constitutionally permissible classes and within limit of 50% of plots--That till such time an appropriate policy is framed, the State Government or its instrumentalities shall not allot plots under the oustees quota. (Paras 15 & 32

Judgment

Hemant Gupta, J.

1. The present writ petitions have been placed before this Bench on a reference made by the learned Single Judge of this Court wherein challenge has been made to Clause 6(V) of the policy dated 26.09.1994 restricting the allotment of one plot to the oustees who have a joint holding. As the learned Single Judge found that judgment of the Division Bench in Smt. Ramo Bai and others v. State of Haryana and others, (2007-4)148 PLR 295 acknowledged some apparence distinction between the policies as applicable in the States of Punjab and Haryana.

2. Since the issue is legal, factual matrix in respect of land holding of each writ petitioner and consequent eligibility for allotment of a plot as an oustee need not be mentioned in detail. Suffice it to state that the writ petitioners are reflected as co-owners in a joint Khata in the revenue record whereas in terms of the policy dated 26.09.1994, all such joint owners are entitled to a plot of land not exceeding 500 sq. yards as a rehabilitation measure. The grievance of the petitioner is that all the co-owners have an independent right to own and possess the land falling to the share of each of them, therefore, in terms of the policy dated 26.09.1994, each of the co-owner is entitled to allotment of plot of requisite size. The restriction of allotment of one plot to the co-owners is-without any reasonable classification and objective to be achieved and thus, have sought quashing of Clause 6(V) of the Scheme.

3. At this stage, the details of the policy framed by the State Government from time to time providing allotment of a plot to a landowner whose land has been acquired under the Land Acquisition Act, 1894 need to be stated.

4. The first policy conferring right of allotment of a plot to a person whose land has been acquired was formulated by the State Government and circulated on 17.4.1974, Annexure P5/A. The said policy also contemplated creation of plots of different sizes in each of urban estates, eligibility for allotment of such plots and reservation policy for allotment of plots to the Oustees, Defence Personnel, Punjab Government employees, Scheduled Castes and Backward Classes etc. The relevant policy in respect of oustees reads as under: -

" Reservation Policy 8. It has been decided to revise the existing policy of reservation as follows: - (i) Before any plots are allotted, all oustees whose land has been acquired for the setting up of an Estate shall be accommodated within the frame work of the income criteria (prescribed) mentioned above. Further, all war widows will also be accommodated on cent-percent basis and plots allotted to them as per their requirements and social needs

(ii) Defence Personal xxx xxx

(iii) Punjab Government Employees xxx xxx".

5. On 29.09.1981, vide Annexure P5/B, another circular was issued whereby the Government decided to allot a plot to an oustee but by restricting right of allotment of plot to such an oustee or his family which means wife and minor children and who does not own another plot or house within an urban area. It further contemplates that no application from oustee shall be received after a period of three years from the date of acquisition of land. It further provided as under:-

"(i) The plot shall be allotted to an oustee in the Urban Estate for his bona fide residence. This will be subject to the condition that the oustee or his family which means wife and minor children, do not own another plot or house within an urban area.

(ii) No application from the oustees shall be received after a period of three years from the date of acquisition of land. The oustees shall be allotted plots on first come first served basis.

(iii) Individual oustees shall not be allotted plots measuring more than 200 sq.yards. The criteria for the allotment of plots upto 200 sq. yards shall be as under: - Land acquired size of plot Gross Annual income (a) 1/2 acre to 3 acres 100 sq. yds. Upto Rs.8000/-

(b) Above 3 acres upto 5 Acres

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Judicial Analysis

SupremeToday

2010 Supreme(P&H) 2796

PUNJAB & HARYANA HIGH COURTMukul Mudgal, Jasbir Singh and Hemant Gupta JJ.Jarnail Singh And OthersVersusState Of PunjabCivil Writ Petition No. 2575 of 2009,2458 of 2009,2563 of 2009,3830 of 2009,4090 of 2009,16831 of 2009,18522 of 2009,3181 of 2009,18569 of 2009,Decided On : OCTOBER 1, 2010

IMPORTANT POINTOustees--Discrimination--Oustees form a distinct class, a class whose land has been acquired--Policy contemplating allotment of plots to the oustees creates a class of persons entitled to preferential allotment than the general public.

Cases Referred (11)

Judicial Analysis

PUNJAB & HARYANA HIGH COURT
Mukul Mudgal, Jasbir Singh and Hemant Gupta JJ.
Jarnail Singh And Others
Versus
State Of Punjab
Civil Writ Petition No. 2575 of 2009,2458 of 2009,2563 of 2009,3830 of 2009,4090 of 2009,16831 of 2009,18522 of 2009,3181 of 2009,18569 of 2009,
Decided On : OCTOBER 1, 2010

IMPORTANT POINT
Oustees--Discrimination--Oustees form a distinct class, a class whose land has been acquired--Policy contemplating allotment of plots to the oustees creates a class of persons entitled to preferential allotment than the general public.