RENU GUPTA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The jurisdiction of the concerned authorities under the Delhi Land Reforms Act, 1954 (herein after referred to as the DLR Acf) during the pendency of proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as 'the LA Acf) is the principal question which arises for consideration in these two writ petitions.

(2.) The factual matrix in the two writ petitions is limited. The petitioners therein filed a suit for declaration before the Court of SDM/Revenue Assistant on 30th August, 1990 claiming rights to the lands as Bhumidar under Section 85 of the DLR Act. During the pendency of those proceedings, Notification under Section 4 of the LA Act was issued on 19th March, 1993 in respect of the same land and under Section 6 of the LA Act on 20th April, 1993. The concerned SDM passed a declaration on 6th September, 1993 (in Civil Writ Petition No. 4854/99) and on 20th January, 1993(in Civil Writ Petition No. 4855/99) declaring the petitioners as Bhumidars under Section 85 of the DLR Act. The possession of the land was taken on 7th October, 1993 in view of the fact that the provisions of Section 17(1) of the LA Act were invoked and the award was published on 31st March 1995. The petitioners are also the recipients of the compensation determined as payable under the LA Act.

(3.) The petitioners applied for allotment of an alternative plot in terms of the scheme of the respondents on 2nd May, 1961 as amended in 1989. However, the case of the petitioners was rejected by the impugned order/letter dated 22nd July, 1999 and thus the present writ petitions have been filed seeking quashing of the said letters/orders and for a writ of mandamus directing the respondents to allot alternative residential plot to the petitioners in view of the acquired land.