Land Acquisition & Rehabilitation : Oustees Must Follow 2016 Policy, Not 1992 Rates for Plot Allotments
The Supreme Court held that oustees (landowners whose land was acquired) cannot claim plots under HUDA’s 1992 policy rates but must comply with the revised 2016 policy. The Court clarified that suits under Section 39 of the Specific Relief Act for mandatory injunction require a proven legal obligation, which was absent here due to non-compliance with application formalities. It emphasized that rehabilitation schemes are discretionary, not a statutory right, and upheld the State’s authority to modify policies prospectively. The judgment also reinforced that Article 21 (right to livelihood) does not mandate plot allotments in land acquisition cases.
Facts Of The Case:
The case involved a dispute between the Haryana Urban Development Authority (HUDA) and landowners (oustees) whose land was ...