RAMANAND Vs. UNION OF INDIA

JUDGEMENT

(1.) . In this writ petition under Article 226 of the Constitution of india, in the context of large scale acquisition, development and disposal of land for purposes of planned development of Delhi, two questions of law have arisen for determination under the Delhi Development Act, 1957 (hereinafter referred to as the Act) and the Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981 (hereinafter referred to as the Nazul Rules). The questions are:-

(2.) . The petitioner has prayed for a writ of certiorari for quashing a letter dated 13th of January 1993 (AnnexureP-l), received by him from the Delhi Development Authority (hereinafter referred to as the 'DDA'), offering allotment of plot No.6 Pocket No. 4A Sector 123 in Rohini Residential Scheme measuring 207 sq. mts., on perpetual leasehold basis, at the provisional rate of Rs. 1,650.65 per sq. mt.; and, furthermore, for a writ of mandamus directing the respondents to allot a plot of the size of 250 sq.yds. @ Rs.419.00 per sq. yd., or at the rates prevailing on the date when he submitted his application to the Administrator of the Union Territory of Delhi for allotment in the year 1986. The petitioner has made out his case on the basis of a Division Bench judgment of this Court in Rajinder Kumar vs. Union of India, reported in 1992 Rajdhani Law Reporter 80.

(3.) . When the writ petition came up for preliminary hearing, it was felt by the Admission Bench that the opinion expressed in the case of Rajinder Kumar required reconsideration. The matter was, therefore, referred to the Full Bench for decision. The order of reference dated 9th of February 1993 is reproduced below:-