P R DUTTA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Petitioner has filed this writ petition seeking a writ of mandamus against respondents to allot him a plot of land in the Chittaranjan Park, New Delhi being a refugee, who had migrated from East Pakistan now Bangladesh.

(2.) The case of the petitioner is that he had migrated from Bangladesh in the year 1946 and was living sometime in Calcutta and sometime in Delhi. Petitioner claims that he duly satisfies the eligibility criteria for allotment as per the press note of 4.1.1996 and the subsequent press note of 14.1.1977. As per the press note of 14.1.1977, there were few plots available with the Rehabilitation Department in the 160 Sq.yards and 233 Sq.yards categories. The said plots were to be allotted on perpetual lease basis with the premium, as indicated in the press note. The press note also gives the following conditions of eligibility; i) The applicant should be more than 21 years of age on the date of application. ii ) The applicant or his wife/husband or any dependent member of his family, including unmarried daughters does not own any house or residential plot anywhere in India. iii) The applicant is gainfully employed in the Union Territory of Delhi in any service/occupation or has been gainfully employed and has lived in Delhi at least for 4 years after partition Upto 31st March, 1966. iv) The applicant is a bonafide displaced person from erstwhile East Pakistan, now Bangladesh.The last date of receipt of application in terms of the press note was 31.3.1977.

(3.) Petitioner's case in the writ petition is that he applied sometime in October, 1977. However, during the course of hearing, learned counsel for the petitioner has handed over a photocopy of an application dated 6.3.1977. Learned counsel submits that it was with this application that the petitioner had submitted his request for allotment. The said application does not carry any acknowledgment.