R K DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of a learned single Judge of this court dated 27th April, 1984 (reported in AIR 1984 Delhi 413). By the said judgment, writ petitions filed on behalf of the petitioners challenging the legality of the decision of the Government in dropping a scheme for allotment of land in Delhi to non-resident Indians, living abroad, were dismissed. The petitioners feeling aggrieved have filed the present appeal.

(2.) The facts necessary for purposes of decision of the present appeal are that the Central Govt. announced a scheme in early 1978 for allotment of residential plots to non-resident Indians living arbroad. The objective of the scheme was to facilitate the nonresident Indians living abroad to build residential houses in India and thereby satisfy their natural urge to own property in their own country. The scheme was introduced in Delhi on an experimental basis. Non-resident Indians living abroad, who did not own residential plots/houses/flats either in their own name or in the name of their family members, (as defined in the Urban Land (Ceiling and Regulation) Act 1966) were eligible to apply for allotment of plots under the scheme. However, persons working for the Indian Foreign Services were not eligible to take benefit under this scheme. This was a scheme under the control of Land and Development Officer under the Ministry of Works and Housing Govt. of India. The brochure for the scheme stated that the land under this scheme was located at Badarpur Mehrauli Road, New Delhi. The objective of the scheme as stated in the brochure reads :

(3.) The mode of payment under the scheme was required to be as under: