MAN SINGH Vs. DDA

JUDGEMENT

(1.) THE present petition is filed by the petitioner praying inter alia for issuance of a writ of mandamus to the respondent No.1/DDA directing it to release plot No.A-76, Kalkaji Extension, New Delhi, in favour of the legal heirs of Shri Sadhu Singh, who had expired in the year 1987, while leaving behind him nine legal heirs including the petitioner herein.

(2.) COUNSEL for the petitioner states that the names of the legal heirs of the deceased, Shri Sadhu Singh have been mentioned in para 5 of the writ petition. However, due to an inadvertent omission, the name of one of the legal heirs, namely, Shri Sukhdev Singh was left out though he was also a co-beneficiary of the plot. It is further stated that the said Shri Sukhdev Singh expired on 12.10.2003 and is survived by six legal heirs as mentioned in para 7 of CM 2776/2011 filed by the said legal heirs praying inter alia for impleadment in the present proceedings, to which the petitioner does not have any objection.

(3.) IN view of the above correspondence, it is clear that it is for the petitioner and the remaining legal heirs of Late Shri Sadhu Singh to approach the Land Acquisition Collector with a request for taking over possession of the subject land situated in village Kilokari. It is only after the possession is taken over by the Land Acquisition Collector, can the petitioner and the remaining legal heirs of the deceased Shri Sadhu Singh claim entitlement to the plot in question bearing No.A-76, Kalkaji Extension as mentioned in the letter dated 03.08.2011 (Annexure P-1 to CM 19946/2011), as an alternative allotment in lieu of their acquired land.