CASE NO.: Appeal (civil) 3794 of 1996 PETITIONER: SAVITRI DEVI RESPONDENT: STATE OF HARYANA AND ORS. DATE OF JUDGMENT: 12/02/1996 BENCH: K. RAMASWAMY & G.B. PATTANAIK JUDGMENT:
JUDGMENT
1996 (2) SCR 477
The following Order of the Court was delivered : Leave granted.
This appeal by special leave arises from the order made by the Division
Bench of the high Court of Punjab & Haryana on May 31, 1994 in WP No.
1597/91. The contention of the appellant is that since her land was
acquired for the public purpose, namely, residential and commercial
purpose, the land not having been utilised for the said purpose, she is
entitled to the allotment of the land as per the policy of the Government
in Annexure 3 appended to the SLP paper book. Admittedly, the notification
under Section 4(1) of the Land Acquisition Act was published on August 20,
1980 acquiring a large extent of land. The Award came to be made under
Section 11 on February 12, 1986 and the compensation was paid. It has
become final The appellant filed the writ petition for direction for
allotment of the land to her, a plot in lieu of the acquisition of her land
under the policy framed by the Government for allotting the plots to the
oustees and as per the guidelines laid down by this Court in State of U.P.
v. Pista Devi, AIR 1986 SC 2025.
Once the land is acquired and the acquisition has became final, the pre-
existing right, title, and interest held by the erstwhile owner ceases to
exist and is divested and stands vested in the State and the beneficiary
free from all encumbrances. The question is: whether the erstwhile holder
is entitled to the allotment of the sites? The last paragraph of the policy
connotes that:
“An oustee could be offered a plot when he files affidavit to the effect
that he does not hold any house/shop/plot in that town, moreover, he should
be an owner of land proposed to be acquired for one year before the issue
of notification under Section 4 of the Land Acquisition Act, 1894 and 75%
of his land must come under acquisition.”
On fulfilment of these conditions and then subject to the guidelines laid
down therein, the candidate would be entitled to be considered for
allotment. Merely because the land is not utilised after the acquisition,
they are not automatically entitled to the allotment but subject to the
guidelines, their claim would be considered. The appellant is entitled to
file an application before the competent authority which would consider and
dispose it of according to rules.
The appeal is disposed of with the above directions. No costs.