The Punjab & Haryana High Court, comprising Justice Anupinder Singh Grewal and Justice Deepak Manchanda, has upheld a five-year restriction on the sale or transfer of plots allotted to land oustees, except in cases of inheritance.
The ruling was delivered while dismissing a batch of petitions filed by land oustees against the State of Haryana, the Haryana Shahari Vikas Pradhikaran (HSVP), and other concerned authorities. The petitions had challenged a condition in the allotment letters that restricts transfer of such plots for five years from the date of allotment.
The Court observed that plots allotted under the “land-for-land” policy form part of a rehabilitation framework for persons displaced due to government land acquisition. The objective of the policy is to support resettlement and economic stability, and not to facilitate speculative or short-term commercial transactions.
Referring to the allotment terms, the Bench held that the restriction on transfer is valid and consistent with constitutional principles that require the State to work towards reducing economic inequality.
🔍 Industry Perspective:
This judgment underscores the importance of understanding the regulatory intent and conditions attached to government-allotted properties. Transactions involving such plots must be evaluated within the framework of applicable legal restrictions and policy objectives.
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