Recalculate rates of oustee quota plots, HC tells GMADA

The court has made it clear that the rate cannot exceed Rs 12,000 per square yard that was offered to the oustees of Sectors 82A and 83A, where land was acquired for Aerocity in 2009

By: Express News Service | Chandigarh | Updated: June 5, 2015 3:58:36 am

In A relief to the Mohali residents whose land (around 450 acres) was acquired for setting up of Knowledge City in Sector 81, the Punjab and Haryana High Court has said that the Greater Mohali Area Development Authority (GMADA) cannot charge such oustees Rs 23,500 per square yard for allotment of oustee category plots.

Granting two months’ time to GMADA to recalculate the rates, the court has made it clear that the rate cannot exceed Rs 12,000 per square yard that was offered to the oustees of Sectors 82A and 83A, where land was acquired for Aerocity in 2009. The court said that as the petitioners were covered under the state government’s 1994 policy, they should only be charged the market rate prevalent on the date of their land acquisition in 2006 and not on the date of allotment of plots in 2013.

GMADA should recalculate the rates with reference to the rate offered to the general public between 2006 and 2011 and if no such rate is available, by reference to the first allotment offered to general public after 2006, ordered the court in a recent judgment on a bunch of eight petitions. The court added that if no such rate is available either, then by reference to the rate charged from oustees of Sectors 82A and 83A (Aerocity).

The petitioners whose land was acquired belonged to Mauli Baidwan, Kumbra and Chilla villages of Mohali district. The petitioners’ counsel had contended that GMADA was charging from the petitioners the market rate prevalent on the date of allotment of plots in 2013.

It was on December 26, 2006, that petitioners were awarded uniform compensation of Rs 40 lakh per acre for acquisition of their land.
The court observed that oustees of Sectors 76 to 80, Mohali, whose land was acquired in 2003, had been allotted plots at the rate of Rs 3,350 per square yard, as per market rate on the date of land acquisition. Also, the oustees of Aerocity project whose land was acquired in 2009, three years after the petitioners’ land was acquired, were allotted plots at Rs 12,000 per square yard on the same basis. Thus, the court said the authorities cannot apply different yardstick for the petitioners to acquire their land as per the market rate at the time of allotment of plots.

When the oustees had initially submitted applications for allotment of plots, those were rejected by GMADA saying that the new policy notified on May 25, 2011, does not provide for allotment of land to those whose land were acquired for Sector 81. The petitioners had  moved the High Court in 2012, after which the court had directed the authorities to consider the petitioners’ claim for allotment
of oustee category plots strictly in accordance with the 1994 policy.

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