Petitioner challenged non-allotment of an oustee plot. Respondents admitted entitlement but issued notice for heirs' certificate. Court declared petition infructuous and directed allotment within three months of formalities.
Petition rendered infructuous; directed authorities to allot plot within three months from completion of formalities.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
204
Civil Writ Petition No.10883 of 2015 Date of Decision: September 28, 2016
Daljit Singh
....Petitioner
versus
State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN
Present: Mr. Naresh Kaushal, Advocate for the petitioner.
Mr. Rajinder Goyal, Addl. A.G., Punjab.
Mr. Naresh Prabhakar, Advocate for respondents No.2 & 3.
AJAY KUMAR MITTAL, J. (Oral)
case of Deepak vs. State of Punjab in CWP No.16267 of 2014 decided on 15.01.2015 (Annexure P-17).
Sonia Kinra 2016.10.17 10:24 I attest to the accuracy and integrity of this document High Court, Chandigarh
Civil Writ Petition No.10883 of 2015
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“That however, now the petitioner is claiming the allotment of a 500 sq. yards plot on the basis of two oustee certificates issued to his father Sh. Partap Singh on 08.09.2007 and 28.11.2013 respectively in lieu of his land acquired by the State vide Award No.481 dated 17.05.2001 for the setting up of Sector 76-80, SAS Nagar. Accordingly, the issue has been reconsidered in the light of Oustee Certificates issued by the Naib Tehsildar, O/o Land Acquisition Collector, Urban Development, SAS Nagar to the father of petitioner namely Partap Singh s/o Sh. Basawa Singh, regarding his land acquired vide Award No.481 dated 17.05.2001, when it has been found that total land measuring 40 kanal-17.96 marlas owned by Partap Singh was acquired for the setting up of Urban Estate at SAS Nagar and as such according to Oustee Policy dated 26.09.1994, applicable at the relevant time, the said land owner Partap Singh is eligible for the allotment of a residential plot of 500 sq. yards. However, since father of the petitioner had already died on 22.02.2008, as such before making allotment, vide office letter no.42945 dated 12.09.2016 the petitioner has been asked to complete the required formalities within 30 days of the issue of this letter. A copy of this letter dated 12.09.2016 is annexed herewith as Annexure R-3/1.”
that according to the Oustee Policy, applicable at the relevant time, the father of the petitioner, namely, Partap Singh was eligible for allotment of the residential plot of 500 sq. yards and since the father of the petitioner had died as such before making the allotment, vide office letter No.42945 dated 12.09.2016 (Annexure R-3/1), the
Sonia Kinra 2016.10.17 10:24 I attest to the accuracy and integrity of this document High Court, Chandigarh
Civil Writ Petition No.10883 of 2015
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petitioner has been asked to complete the following formalities within 30 days from its issuance:-
(AJAY KUMAR MITTAL) JUDGE
September 28, 2016
(RAMENDRA JAIN) JUDGE
sonia gugnani
Whether speaking/reasoned?
Yes/No
Whether reportable?
Yes/No
Sonia Kinra 2016.10.17 10:24 I attest to the accuracy and integrity of this document High Court, Chandigarh
1 issue framed by the court
Whether the petition seeking allotment of an oustee plot is rendered infructuous after authorities directed the petitioner to complete formalities.
Daljit Singh
State of Punjab
Ajay Kumar Mittal
Ramendra Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
