HIRDAY KUMAR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The right of a purchaser of agricultural land after issuance of notification under Section 4 of the Land Acquisition Act, 1894 ( hereinafter to be referred to as, `the said Act' ) to claim an alternative plot under the scheme of the respondents for grant of such alternative plots on large-scale acquisition of land has given rise to the present writ petition.

(2.) The factual matrix is not in dispute.

(3.) The notification under Section 4 of the said Act was issued on 24.10.1961 and the Award was published on 27.02.1967. During this interregnum period of time, the father of the petitioner purchased the land on 14.05.1965 vide a registered sale deed. This was so as at that time there was no prohibition in law for such purchase as came into being subsequently in view of the Delhi Land (Restriction on Transfer) Act, 1972 ( hereinafter to be referred to as, `the Land Restriction Act' ). The physical possession of the land was taken over from the father of the petitioner on 09.06.1967. The father of the petitioner Shri Moti Ram passed away on 23.03.1972 and prior to his demise has executed a Will in favour of the petitioner on 28.01.1971. The issue of grant of compensation was finally settled only on 12.03.1999 in view of the grant of probate of the Will. The petitioner applied for allotment of alternative plot under the Large Scale Development and Disposal of Lands in Delhi Scheme, 1961 ( hereinafter to be referred to as, `the said Scheme' ) on 07.06.1999. The petitioner deposited the relevant documents, but the claim of the petitioner was rejected finally on 05.02.2002 and thereafter the present writ petition has been filed seeking a writ of mandamus for grant of such alternative plot.