CHANDER BOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition has been filed by the petitioner seeking allotment of an alternative plot as a consequence of the acquisition of the land of Shri Bhikan, grand-father of the petitioner under the scheme for alternative allotment of plot against large scale acquisition of land.

(2.) The factual matrix is not in dispute to the extent that late Shri Bhikan owned an agricultural land in Shakarpur and a notification under Section 4 of the Land Acquisition Act, 1894 was issued on 3.9.1957. Award No.1179 was issued was made on 7.8.1961. The payment of the compensation was received on 27.9.1961 by Shri Khem Chand, son of late Shri Bhikan. Shri Bhikan was survived by four sons - Ami Chand, Tek Chand, Deep Chand and Khem Chand. Shri Ami Chand died in 1962 and is survived by his son Prahlad. Shri Khem Chand, who also passed away, is survived by the present petitioner since the brothers of the petitioner have executed a Deed of Relinquishment dated 28.07.1998 in his favour.

(3.) The petitioner herein made an application on 15.12.1986 for allotment of the alternative plot on the basis of the authorisation received from all the land-owners. This application was rejected on 10.6.1988. The said letter states as under: