RONGI RAM TAH Vs. DELHI ADURN

JUDGEMENT

(1.) The petitioner has challenged the impugned communication dated 25th September, 1989 issued by Shri Gita Sagar, Joint Secretary (L&B) (Annexure P-8 to the writ petition) vide which the case of the petitioner for allotment of alternative plot in lieu of the petitioner's land, which was acquired vide Award No. 2052 dated 30.12.1967, in village Dallupura, Shahdara, Delhi, has been rejected on the ground that the land in question has been purchased by him after the date of notification u/Sec. 4; which does not allow eligibility in accordance with the policy.

(2.) The brief facts set out in the petition are that the petitioner purchased 1200 sq. yards of land in Khasra No. 12, in village Dallupura, Shahdara, Delhi from one Shri Harbans Kaur and Smt. Sheila Malhotra vide a registered sale deed dated 7.2 1967 which was duly registered on 16.2.1967 in the office of the Sub-registrar, Delhi. This land admittedly was purchased after the issue of the notification issued under Section 4 of the Land Acquisition Act dated 13.11.1959. It appears to be the admitted case of the parties that under the policy of the Delhi Administration of 1961 if the land of an owner is acquired under Section 4 of the Land Acquisition Act by the Delhi Administration for the purpose of planned development of Delhi, he is entitled to alternative plot at the reserved price to be fixed by the Delhi Administration in addition to the compensation that may be awarded. Accordingly the petitioner applied, under the aforementioned scheme, for the alternative plot, but his application was rejected by the impugned communication on the ground that he had purchased the land after the date of issue of Section 4 Notification and as such he was not eligible in accordance with the said scheme/policy.

(3.) No counter affidavit has been filed on behalf of the respondents in this case.