SAHAB SINGH KHATRI Vs. DISTRICT MAGISTRATE NORTH

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

(2.) Learned counsel appearing on behalf submitted that the petitioner is the 5/18 owner of the land in question comprised in Khasra No. 17//22/1(0-16), 22/2(4-00), 19//5(3-14), 20//1(4-12), 2(14-13), 3/1(3-04), 9/1(2-05) and 27(0-05) admeasuring 23 bigha 9 biswas, situated in the revenue estate of Village Shahpur Garhi, Delhi, since 1954-55. Vide notification issued by the government bearing no. F.10(32)/96/L&B/LA/2736 dtd. 16/5/2002 land admeasuring 250 bighas 8 biswas situated in revenue estate of Village Shahpur Garhi, Delhi was acquired under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter "LA Act"). Under Sec. 6 of the LA Act another notification dtd. 20/4/2003 was published bearing No. F.10(32)/96/L&B/LA/1299 declaring the land, including the land of the petitioner, to be acquired for development of Fright Complex (Narela). Award No. 29 of 2003-04 for the said acquisition was also drawn on 15/3/2004. It is submitted that the land in question was acquired on 14/7/2004 and the Land Acquisition Collector paid a compensation under the Award to the tune of Rs.32,40,541.00 to the petitioner on 30/7/2004.

(3.) It is submitted that the petitioner, thereafter, applied for allotment of an alternative plot under the Scheme dtd. 2/5/1961 for 'Large Scale Acquisition Development and Disposal of Land in Delhi' (hereinafter "Scheme of 1961") vide application dtd. 23/12/2004. It is submitted that the file for making recommendation, created by the office of Land and Building Department, was dealt in file No. F.33(73)/01/2004/ L&B/Alt.