LAWS(DLH)-2020-1-21

RAJ KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

Decided On January 13, 2020
RAJ KUMAR Appellant
V/S
DELHI DEVELOPMENT AUTHORITY Respondents

JUDGEMENT

(1.) The petitioner seeks issuance of a mandamus, to the Delhi Development Authority (DDA), to allot, to the petitioner, a plot, and bases his claim on the basis of certain assurances, given by Shri V.N. Gadgil, the then Minister of Works, Production and Supply, Government of India, on 29th September, 1951, during the course of debate on the Delhi Premises (Requisition and Eviction) Amendment Bill, 1950, which came to be set down in writing and constitute what has come to be known, thereafter, as the "Gadgil Assurance Scheme" (hereinafter referred to as "GAS")

(2.) On 29th September, 1951, as already noticed hereinabove, a statement was made, during the course of debate on the Delhi Premises (Requisition and Eviction) Amendment Bill, 1950, by Mr. V.N. Gadgil, the then Minister of Work, Production and Supply, Government of India, to the effect that displaced persons (i.e. those who were displaced from Pakistan consequent to partition of the country), who were in unauthorised occupation of public land prior to 15 th August, 1950, would not be evicted from the premises in their occupation, unless alternative accommodation was provided, to such persons, on developed land, as far as possible in the vicinity of the land from which they were, if at all, evicted.

(3.) This statement led to a Report, of the Committee on Assurances, in May 1955, Appendix XII of which sets out, in writing, the assurances given by Mr. Gadgil. It was thus that the GAS came into being.