The Punjab and Haryana high court has ruled that oustees are entitled to plots on the rates prevalent at the time of land acquisition by the authorities.
The land of more than 100 oustees of Sector 81, SAS Nagar, was acquired by the Greater Mohali Area Development Authority (GMADA) in 2006. But the plots were offered to them on the 2013 rates. The parcels of land in Mauli Baidwan, Kumbra and Chilla of SAS Nagar were acquired for setting up of Sector 81 and the oustees were awarded uniform rate of compensation of Rs 40 lakh per acre.
Initially, the authorities denied plots to oustees stating that the land was acquired for a water treatment plant and institutional purposes. It was only after high court intervention in 2013 that the plots were offered to them. But GMADA offered them plots at the rate of Rs 23, 000 square yard, which was prevalent in 2013.
A division bench, comprising justice Rajive Bhalla and justice Amol Rattan Singh, observed that the perusal of past policies led to a singular conclusion that the rate offered to the general public in 2013 was illegal, arbitrary and would be required to be reconsidered.
GMADA has now been directed to re-calculate the rate by reference to the rate offered to the general public between 2006 and 2011 and if no such rate was available, it should be done by reference to the first allotment offered to the general public after 2006.
The high court noted that oustees of sectors 76 to 80, whose land was acquired in 2003, were allotted plots at the rate of Rs 3,350 per square yard. The oustees of Aerocity, whose land was acquired in 2009, were offered plots at the rate of Rs 12,000 per square yard.
But in case of Sector 81 oustees, for whom applications were invited in 2013 after the high court intervention, the rate of Rs 23,500 per square yard was offered, which was prevalent during that time.
The high court rejected GMADA's argument that petitioners' rights to be considered for allotment were accepted in 2011 and they had to be offered plots at the rate prevalent on the date of allotment.