SUKHBIR SINGH Vs. GOVT.OF NCT OF DELHI

JUDGEMENT

(1.) THE case of the petitioners except the petitioner in WP(C) No.1178/2013 and WP(C) No.2194/2013 is that the land of their respective father was acquired by Govt. of NCT of Delhi for planned development of Delhi, whereas the case of the petitioner in WP(C) No.1178/2013 is that the land of his grandfather was acquired by the Government for similar purpose. According to the petitioners in WP(C) Nos.1032/2013, 1111/2013, 1116/2013, 1165/2013, 1181/2013, their respective father had applied to Govt. of NCT of Delhi for allotment of alternative plots under the scheme notified by the Govt. of India vide its letter dated 2.5.1961 for large scale acquisition, development and disposal of land in Delhi. The case of the petitioners in WP(C) No.1027/2013, 1028/2013, 1030/2013, 1039/2013, 1113/2013, 1114/2013, 2187/2013, 1115/2013 and 1179/2013 and 2386/2013 is that they had applied to the Government for allotment of alternative plot under the above referred scheme of Govt. of India. According to the petitioner in WP(C) No.1178/2013, the land belonging to his grandfather was acquired by the Government and his father then applied for allotment of alternative plot under the aforesaid scheme of the Government. The case of the petitioner in WP(C) No.2194/2013 is that the land of her husband was acquired for planned development of Delhi and he had also submitted an application for allotment of alternative plot from the Government.

(2.) ACCORDING to the petitioners though they applied years ago for allotment of alternative plot from DDA, their request for such allotment has not even been considered by the Government so far.

(3.) A perusal of the counter affidavit filed by Govt. of NCT of Delhi would show that the acquisition of land in 13 villages, including the village(s) wherein land of the petitioners/their father was situated, was challenged by way of a number of writ petitions filed in this Curt. The aforesaid writ petitions came to be decided by the decision of this Court in Balak Ram Gupta Vs. UOI & Ors. 38 (1989) DLT 243 quashing the notification acquiring land in the above referred villages. There was some confusion as to whether the aforesaid decision would apply only to the land of the petitioners before this Court or it would also apply to the land owned by the persons who were not parties to the said writ petitions. Later it was clarified by the Hon'ble Supreme Court in Abhay Ram vs. UOI 1997 (5) SCC 421 and Om Prakash vs. UOI (2010) 4 SCC 17 that the decision of this Court in Balak Ram Gupta (supra) quashing the notification was restricted to the land belonging to the petitioners in those cases. As a result, the land belonging to the persons who were not writ petitioners before this Court remained acquired and consequently they became entitled for allotment of alternative plot from DDA under the Scheme formulated by Govt. of India vide its letter dated 2.5.1961.