HARBANS LAL PAHWA Vs. LIEUTENANT GOVERNOR

JUDGEMENT

(1.) THE respondent No.2 DDA, in pursuance to the Scheme and recommendation of the respondent No.4 Land and Building (LandB) Department of the Delhi Administration, vide letter dated 19.09.1978 allotted a plot of land admeasuring 334.45 sq. mtrs. equal to 400 sq. yds. and bearing No. 43, Block G in East of Kailash Residential Scheme to one Sh. Khem Chand as alternative residential plot in lieu of acquired land. THE said Sh. Khem Chand was put into possession of the said plot of land on 08.02.1980 and a Perpetual Lease Deed dated 29.05.1980 was executed in favour of Sh. Khem Chand with respect to the said plot of land. Sh. Khem Chand in the year 1980 itself agreed to sell the said plot of land to the petitioner herein and is informed to have, on receipt of the entire sale consideration, put the petitioner herein into possession of the land. However, no sale deed having been executed in favour of the petitioner, the plot, in the records of the respondent DDA remained in the name of Sh. Khem Chand only. THE petitioner raised construction on the said plot of land and of which Occupancy Certificate dated 17.02.1983 was issued by the respondent DDA.

(2.) THE respondent DDA vide letter dated 19.09.1984 informed Sh. Khem Chand that the Perpetual Lease Deed dated 29.05.1980 executed in his favour with respect to the aforesaid plot of land had been cancelled on 17.08.1984 upon withdrawal vide letter dated 07.07.1982 by the respondent Delhi Administration of the earlier recommendation on the basis whereof the plot was allotted. Proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 were also commenced.

(3.) IT transpires that the Delhi Administration thereafter determined the eligibility of Sh. Khem Chand for alternative plot in lieu of acquired land for 250 sq. yds. only and since in accordance with the earlier recommendation, determining the eligibility of Sh. Khem Chand for plot of 400 sq. yds., the respondent DDA had allotted the plot aforesaid to Sh. Khem Chand and further since Sh. Khem Chand was already in possession of the plot, the respondent DDA regularized the allotment of the balance / excess 150 sq. yds. in favour of Sh. Khem Chand subject to payment of '81,91,414/- being the market price of the land. However there is nothing to show that Sh. Khem Chand was informed or the basis of the said demand.