SHIV LAL Vs. UOI

JUDGEMENT

(1.) A Mandamus to respondent-DDA to allot alternative plot to petitioner in lieu of acquisition of his land, is sought in this writ petition. Compensation of Rupees five lacs is also claimed for the inordinate delay in making the allotment and on account of illegal rejection of petitioner's application for allotment of alternate plot.

(2.) WAY back in December, 1981, petitioner had applied vide application (Annexure-B) for allotment of alternate plot in lieu of acquisition of his land measuring 4 Bighas and 17 Biswas i.e. 4890 sq. yards out of Khasra No. 632-633 in revenue estate of Village- Peeragarhi, New Delhi. Though respondent-DDA claims that petitioner had not disclosed in the writ petition about rejection of his application for alternate allotment of plot in the year 1973, but it is evident from petitioner's application of 15th December, 1981 (Annexure-A) that petitioner had infact disclosed that his application for alternate allotment made in the year 1973 was rejected, as it was made in his name and thereafter in the year 1981, application (Annexure-A) was made on behalf of the firm- M/s Raja Ram Brij Lal.

(3.) FOURTH Respondent vide its communication of February, 1994 had forwarded application forms of ten odd persons for allotment of industrial plots to respondent-DDA, which included petitioner's application for allotment of alternate industrial plot also. Thereafter, petitioner had made various Representations and had sent reminders to respondent-DDA to seek allotment of alternate industrial plot during the period from November, 1995 upto June, 1997. Again in November, 1997, petitioner had got a Legal Notice sent to respondents to seek allotment of an alternate industrial plot and damages for the delay in making the allotment, which was followed by another Legal Notice of January, 1998 to respondent-DDA, as in August, 1997 respondent-DDA had informed petitioner that there is no policy to allot alternate industrial plot in lieu of land acquired. This led to filing of the present writ petition in January, 1999.