DHANPATI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner vide this writ petition seeks a direction to the respondent to recommend her name for allotment of a plot in lieu of her land which was acquired. It is inter alia the case of the petitioner that her husband was allotted land admeasuring 4 bighas 16 biswas comprised in Khasra 6/6 situated in village Palam, Delhi in the year 1976 as Asami for a period of five years in the scheme under Section 74 of the Delhi Land Reforms Act, 1954, r/w Rule 47 of the DLR Rules; that the husband of the petitioner remained in cultivatory possession of the land till his demise on 16th May, 1980 and thereafter the petitioner remained in cultivatory possession of the land; that on 24th January, 1984, a notification under Section 4 of the Land Acquisition Act, 1894 for acquisition of the said land was issued; that upon the failure of the Gaon Sabha, inspite of request by the petitioner, to declare the petitioner as bhumidar of the said land, the petitioner in the year 1984 applied under Section 74(4) of the DLR Act for declaration as bhumidar. Though it is not clear from the writ petition and the respondent has also stated that owing to the records being old and not traceable, it is not able to give the date of institution of the application aforesaid under Section 74(4) but the order thereon bears the case No. 508/1984 and considering that the Notification under Section 4 is of 24th January, 1984, it appears that the application under Section 74(4) was instituted only after the Notification under Section 4 for acquisition of the land.

(2.) It is further the case of the petitioner that during the pendency of the application under Section 74(4), the possession of the land was taken over by the Land Acquisition Collector from the petitioner and the award in respect of the land was made on 19th September, 1986. The counsel for the petitioner after hearing has handed over a copy of the award and wherein the name of the petitioner, as "interested person" to whom notices under Sections 9 and 10 of the Land Acquisition Act were issued appears at serial No. 493. It is further the case of the petitioner that she was paid compensation with respect to the said land. These facts have not been controverted by the respondent. The application of the petitioner under Section 74(4) was allowed vide order dated 6th January, 1987 of the Revenue Assistant. It is recorded in the said order that the pradhan had confirmed that the husband of the petitioner and then the petitioner had been in continuous cultivatory possession of the land and had no objection to the petitioner being declared as the bhumidar of the land.

(3.) The petitioner armed with the order aforesaid of her declaration as the bhumidar approached the respondent in the year 1987 itself for allotment of an alternative plot in lieu of acquired land. However, the said application of the petitioner was rejected and such rejection communicated to the petitioner vide letter dated 22nd January, 1991. It was stated in the said letter that since the petitioner had been declared bhumidar after the date of the award, she was not found entitled for recommendation of alternative plot.