LAWS(SC)-2011-10-12

DELHI ADMINISTRATION Vs. UMRAO SINGH

Decided On October 11, 2011
DELHI ADMINISTRATION THROUGH ITS SECRETARY Appellant
V/S
UMRAO SINGH Respondents

JUDGEMENT

(1.) Leave granted.

(2.) These are appeals against the common judgment and order dated 15.12.2008 of the Division Bench of the High Court of Delhi in Civil Writ Petition Nos. 2147 of 1992 and 2148 of 1992 (for short the impugned order).

(3.) The facts very briefly are that in the year 1959, the Government of India, Ministry of Home Affairs, set up a Committee to study the problems of introducing measures of control on land values and stabilizing land prices in the urban areas of Delhi and this Committee submitted its report recommending some measures. The Government of India considered the recommendations and conveyed its decision to the Chief Commissioner, Delhi, by its letter dated 02.05.1961 regarding acquisition, development and disposal of land (hereinafter called the 1961 Scheme).The 1961 Scheme inter alia contemplated that land may be allotted at pre-determined rates, namely, at the cost of acquisition and development plus the additional charges mentioned in the Scheme, to individuals whose land has been acquired as a result of the Chief Commissioners notifications dated 17.07.1959, 03.09.1957, 13.11.1959 and 10.11.1960 or other such notifications with a view to rehabilitate such individuals. Pursuant to the 1961 Scheme, land-owners, whose land was acquired, applied for allotment of alternative plots pursuant to advertisements inviting applications and after the necessary requirements as stipulated in the 1961 Scheme were complied with, plots were allotted to the persons who were the recorded owners prior to the issue of notification under Section 4 of the Land Acquisition Act.