CANo.   of 2010 @ SLP(C) 4907 of 2008 1

  IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7073 OF 2010 (ARISING OUT OF SLP(C) NO. 4907 OF 2008)

 RATTAN LAL & ORS.   ..... APPELLANTS

VERSUS

STATE OF HARYANA & ORS.   ..... RESPONDENTS

O R D E R

1. Leave granted. 2. Land belonging to the appellants predecessors was  

acquired some time in the year 1986.  It is the admitted  

position that on account of various interim orders made  

by  the  High  Court,  the  appellant  still  remains  in  

possession of the said land.  The appellants also filed  

Writ Petition No. 6696/1995 in the High Court of Punjab  

and Haryana and the primary issue raised was that they  

were entitled to allotment of plots being oustees.  The  

High Court vide its judgment dated 2nd September, 1996,  

directed that the appellant should first approach the  

respondent-HUDA  with  a  formal  application  so  that  a

CANo.   of 2010 @ SLP(C) 4907 of 2008 2

decision could be taken on their claim. An application  

was, accordingly, filed before the Chief Administrator  

on 22nd February, 2001.  The application was rejected by  

the Screening Committee on 7th September, 2004 and the  

information  was  conveyed  to  the  appellant  on  11th  

October, 2004.  The reason for the rejection was that  

the Scheme for allotment of plots to oustees had been  

formulated only with effect from 10th September, 1987 and  

as the appellants' land had been acquired prior to that  

date, they could not be treated as oustees.   The order  

dated  7th September,  2004  and  11th October,  2004  were  

challenged by the appellants in the High Court.  The  

High Court has vide impugned order dated 10th December,  

2007  dismissed  the  writ  petition  making  some  

observations which have no bearing on the matter and are  

irrelevant.

3. After hearing the learned counsel for the parties,  

we are of the opinion that issues with regard to the  

claim of the appellants have not been answered by the  

High  Court  and  some  observations  not  required  in  the  

writ  petition  have  been  recorded.    We  have,  

accordingly,  no option but to allow the writ petition,  

set aside the order dated 10th December, 2007 and remit

CANo.   of 2010 @ SLP(C) 4907 of 2008 3

the matter to the High Court for decision afresh.

4. Parties to appear before the Registrar, High Court  

of Punjab and Haryana at Chandigarh on 10th November,  

2010.  No costs.  

       ........................J      [HARJIT SINGH BEDI]

    ........................J      [CHANDRAMAULI KR. PRASAD]

NEW DELHI AUGUST 25, 2010.