PRABHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal challenges the order dated 12.02.2008 passed by a learned Single Judge of this Court in W.P.(C) No.1115/2008. The appellants had filed the writ petition challenging the order dated 01.08.2007 passed by the Nodal Officer rejecting the claim of the appellant for allotment of an alternative plot in lieu of the land occupied by them in the village of Nangal Dewat. The learned Single Judge had held that in order to be eligible for allotment of alternative lands, a person must satisfy the two conditions of eligibility as specified in the scheme which was adopted for the purpose of allotment of alternative plots. The two conditions being that a person should be in physical possession of the land in 2007 and the name of the person must be included in the list of original allottees of 1958. The Committee constituted to look into the issue of allotment of alternative land had not found the appellants to satisfy this eligibility criteria and hence, had rejected their claim for allotment of alternative land. The Nodal Officer (Respondent No. 4 herein) also rejected the claim of the appellants on the same basis. The learned Single Judge having found no infirmity in adopting the eligibility criteria dismissed the writ petition filed by the appellants.

(2.) The scheme for allotment of alternative plots to persons belonging to the communities to whom the land had been allotted earlier and the eligibility criteria framed thereunder has already been upheld by a Division Bench of this Court in the judgment delivered on 16.04.2013 in the case titled as Bhoop Singh v. DDA & Ors.: LPA No.260/2008. It is contended by the learned counsel appearing for the appellants that he is not assailing the scheme but is limiting the challenge in the present appeal to the decision of the Nodal Officer/Committee in finding the appellants not eligible for allotment of an alternative plot. It is contended that the appellants fulfil the specified criteria and, thus, ought to be allotted an alternative plot. Thus, the only question to be considered in the present appeal is whether the appellants are eligible for allotment of alternative land as per the scheme framed by the Committee, constituted for determination of the allotment of plots in lieu of lands recorded in the name of communities, and adopted by the Ministry of Civil Aviation, Union of India.

(3.) The relevant facts for considering the controversy in the present appeal are as under.