GURBACHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, claiming to be the allottee of shop No.512, Old Lajpat Rai Market, Delhi-110 006, filed this petition for directing the respondents Department of Internal Security, Rehabilitation Division of the Union of India and the MCD to fix the valuation of the said shop in accordance with the provisions of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 and the Rules (of the year 1955) framed thereunder and to allot the same to the petitioner, as a displaced person, on rental basis. Relief is also claimed for direction to the respondents to have transferred the ownership rights in respect of the said shop and lease hold rights in respect of the land underneath the shop in favour of the petitioner.

(2.) A perusal of the order sheet shows that the petitioner along with the writ petition had not filed any document of title in his favour. This Court on 21st July, 1995 ordered that the matter will be considered only when the document of title is filed.

(3.) THE counsel for the respondent has invited attention to Annexure XIV at page 80 of the paper book, being the reply dated 25 th May, 1993 of the Department of Internal Security, Rehabilitation Division (Settlement) to the petitioner in response to the claim of the petitioner for conferment of ownership rights in the shop upon him. In the said reply, it was stated that no notice calling upon the petitioner to pay the cost of land and super structure had been issued and as per the terms and conditions prescribed on 27th October, 1989 for grant of ownership rights qua the shops in Lajpat Rai Market, the cost of land underneath the shop is to be charged from the allottees @50% of the pre-determined commercial rates notified and existing in Chandni Chowk area on the date of transfer, plus ground rent. It was also informed that the lease deed in respect of the land is to be issued by respondent MCD since the land underneath belonged to respondent MCD.