DELHI DEVELOPMENT AUTHORITY Vs. GURBAX SINGH AND ANR.

JUDGEMENT

(1.) IN this intra -court appeal, Delhi Development Authority, the Appellant has assailed the judgment dated 8th May, 2003 allowing W.P. (C). No. 4883/2003 filed by the Respondent No. 1, Gurbax Singh. Learned single judge has held that Respondent No. 1 falls in category 'A' of the Gadgil Assurance Scheme (Scheme, for short) and as per the said Scheme is entitled to a plot admeasuring 75 Sq. Yds. Accordingly the learned single judge has given the following directions:

(2.) THE contention of the Appellant is that father of the Respondent No. 1, Hukum Singh had occupied 28 sq. yds. of land on or before 15th August, 1950 at Basti Regar, Sant Nagar, Karol Bagh, Delhi (the Property, for short) and therefore, under the Scheme, the Respondent No. 1 is entitled to allotment of the same area. It is submitted that damages were paid by Late Hukum Singh for 28 sq. yds. of land and therefore entitlement of Respondent No. 1 is only for 28 sq. yds. of land.

(3.) AFTER receipt of application, Hukum Singh was required to submit documents in support of the averments/statements. He was asked to furnish an affidavit that he had not received any rehabilitation benefit i.e. house, land or plot, grant etc. and that his wife and dependents including unmarried children did not own any property or house or land in Delhi or Delhi Cantonment. The said affidavit was furnished and documents were produced, but by letter dated 2nd May, 1979, the application was rejected after recording that Hukum Singh was found ineligible for allotment of alternative plot on his failure to furnish refugee ration card. Hukum Singh protested by an undated letter. By letter dated October, 1979, Hukum Singh was asked to produce clearance certificate from coordinating Officer (Damages) regarding payment of damages up to 31st October, 1979. Hukum Singh, thereafter, approached and wrote several letters to the Executive Officer (Damages), Delhi Development Authority. Clearance certificate dated 3rd December, 1979 was issued by Executive Officer (Damages) for the period 1st January, 1952 to 31st October, 1979 for 30 sq. yds. residential/unauthorized use and occupation of the Government land.