DAVINDER PAL SINGH Vs. D D A

JUDGEMENT

(1.) THIS petition is filed by the petitioner praying inter alia for quashing of the letter dated 30.09.1987 issued by the respondent/DDA rejecting his request for allotment of an alternative plot in lieu of his shop being Shop No.T-721, Zakhira Chowk situated at the Zakhira Flyover area. The petitioner also seeks directions to the respondent/DDA to rehabilitate him in lieu of his shop that was demolished by the respondent, from where the petitioner claims that he was running an automotive repair shop in the name of M/s Pal Auto Electric Works in the year 1984.

(2.) IT is averred in the writ petition that on 15.11.1984, the petitioner's shop was burnt down during the riots that took place in the area after the assassination of Late Smt. Indira Gandhi, the then Prime Minister of India. The petitioner claims to have filed a complaint dated 15.11.1984 with the local SHO with regard to the arson and the loss of goods suffered by him, which was duly received at P.S. Inderlok. It is thus submitted that the petitioner is also entitled to an alternate shop in lieu of his shop that came to be demolished by the respondent/DDA for building the Zakhira Flyover in the area, in terms of the scheme of relocation that had been implemented by DDA.

(3.) LEARNED Senior Advocate appearing for the petitioner submits that at the time when the survey had been carried out, the shop of the petitioner was closed on account of the fact that he was suffering from a prolonged illness and could not attend to his work as he had been advised bed rest. As a result, the petitioner had submitted a representation dated 04.08.1984 to the Director (City Planning), DDA explaining that his shop existed in the area at the time when the survey was conducted and requesting that his name be included in the survey list by carrying out an onsite inspection. She states that thereafter in November, 1984, the petitioner's shop got burnt down in the riots mentioned hereinabove. The petitioner had then applied to the Relief Commissioner, Tis Hazari Courts, New Delhi, seeking financial assistance. It is submitted that the documents in support of the same have been placed on record and the originals thereof are in possession of the petitioner.