CHAND Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Vide the present appeal the Appellant seeks to challenge the Order dtd. 25/4/2022, passed by the learned Single Judge in W.P.(C) No.25/2020, dismissing the Writ Petition filed by the Appellant herein challenging the Order dtd. 15/4/2014, passed by the Recommendation Committee of GNCTD, rejecting the application of the Appellant herein for allotment of alternative plot in lieu of land acquired by the Government.

(2.) The Appellant herein and his brothers were joint owners of 34 Bighas of land comprising Khasra. Nos. 34/24, 37/4, 440, 11, 12, 44/19, 20, 195/70 and 71 in Village Kakrola, New Delhi, (hereinafter referred to as 'the land in question') of which the Appellant had 1/4th share. It is stated that the land in question was acquired by the State vide notification No. F. 10(6)/88-L&B(2) dtd. 6/12/1991. An award, being award No. 1/93-94 dtd. 2/4/1993, was passed and the compensation was paid in two tranches. The first tranche of Rs.5,01,602.97 was paid on 28/9/1993 and the second tranche of Rs.2,18,191.00 was paid on 28/4/2000. It is stated that on 26/5/2000, the Appellant herein filed an application for allotment of an alternative plot under para E of the Scheme of 'Large Scale Acquisition Development and Disposal of Land in Delhi' which was announced by the Government vide letter dtd. 2/5/1961 bearing No.37/16/60-Delhi (1). It is stated that the relevant documents were supplied by the Appellant to the Respondents vide letter dtd. 26/7/2005. It is further stated that a recommendation Committee was constituted by Respondent No.2 in the year 2013 for recommendation of grant of alternative plot and as per the minutes of meeting dtd. 4/9/2013, the Appellant was given a last opportunity to submit an affidavit, indemnity bond and other documents. It is stated that all the documents were produced by the Appellant. It is further stated that the Recommendation Committee, in its meeting dtd. 7/3/2014 rejected the claim of the Appellant herein for grant of alternative plot on the ground that the application of the Appellant herein for grant of alternative plot was time barred as the Appellant had received the compensation of the acquired land on 28/9/1993 and the application for allotment of alternative plot was submitted on 26/5/2000, which is beyond the prescribe time limit of one year. Thereafter, the Appellant filed W.P.(C) No.25/2020.

(3.) Before the learned Single Judge it was contended that certain co-owners of the land in question had filed a Writ Petition, being W.P.(C) 2605/2015 titled as Vidyawati @Vidya Devi and Ors Vs Govt. of NCT of Delhi and Anr., and a learned Single Judge of this Court vide Order dtd. 25/2/2016 has accepted their claim and had directed the authorities to reconsider the application of the Petitioners therein for allotment of an alternative land in lieu of the acquired land and consequently an alternate plot was allotted to the Petitioners therein. It was, therefore, contended that the Appellant's case being identical to the case of Vidyawati (supra) and since both are the co-owners of the land in question, the Appellant ought to have been given the same benefits.