SURJEET SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The prayer in the present writ petition is for issuance of a writ of certiorari or any other appropriate writ to the Respondents to quash the impugned letter dated 06.08.2012 whereby the decision to withdraw plot No.R-536, Rajendra Nagar was communicated to the Petitioners and the issuance of a writ in the nature of mandamus to the Respondents directing the Respondents to allot the said plot, i.e., plot No. R-536, Rajendra Nagar to the Petitioners in lieu of T-514, Upper Ridge Road, Jhandewalan, Karol Bagh, New Delhi.

(2.) The facts leading to the filing of the present writ petition may be delineated as follows. The father of the Petitioner No.1, namely, Shri Harbans Singh was a refugee, who after the partition of India in 1947, migrated from Pakistan and squatted upon property bearing No. T-514, measuring 239 sq. yards in Jhandewalan, Karol Bagh sometime in 1948. The Government of India formulated a policy for the rehabilitation of the refugees from Pakistan popularly known as the Gadgil Assurance Scheme. In pursuance of the said Scheme, the Respondent No.1, Delhi Development Authority, vide its resolution No.266 dated 16.10.1970 formed a Committee to scrutinize the claims of refugees/squatters, like the Petitioner No.1's father, covered under the Gadgil Assurance Scheme. In March, 1981, Shri Harbans Singh appeared before the Committee and submitted all requisite documents to establish his claim. After scrutiny of the claim of Shri Harbans Singh, the Committee of the Respondent/DDA was pleased to recommend the case of Shri Harbans Singh and he was declared eligible to allotment under category "A" upto the extent of 200 sq. yards to be regularized in his favour subject to payment of damages with effect from 01.05.1952. The said recommendation was approved by the Vice-Chairman of the Respondent No.1/DDA. Shri Harbans Singh paid the damages and submitted the clearance certificate as required under the Scheme and requested for execution of Lease Deed in his favour. The case was accordingly taken up and referred to the Planning Department of the Respondent/DDA for their clearance.

(3.) In the meantime, Shri Harbans Singh expired on 27.09.1989. S/Shri Gurbax Singh, Surjeet Singh and Satpal Singh, being the real sons of the deceased allottee, represented for mutation of the allotment of plot No. T-514, Jhandewalan Road in their favour. The mutation was carried out in their names and communicated to them vide letter dated 30th September, 1993, stating that: