DDA Vs. RAM KUMAR GUPTA

JUDGEMENT

(1.) THE present Letters Patent Appeal challenges a judgment and order of a learned Single Judge dated 04.03.2005 in WP(C) No. 237/1999.

(2.) THE brief facts are that the petitioner was the owner of 9 bighas of land. That land was notified for acquisition on 10.11.1960, and the award was finalised on 29.11.1962, with the compensation paid subsequently. The petitioner applied for allotment of an alternative industrial plot under a scheme which enabled owners (whose land were subject of acquisition) on 21.07.1971. He was called upon to submit documentary material in support of his willingness to establish an industry. These particulars were furnished on 30.11.1972. The Land and Building Department of the erstwhile Delhi Administration (hereafter called GNCT) on 05.09.1973 by its letter written to the Delhi Development Authority (hereinafter referred to as "the DDA") stated that the writ petitioner/present respondent was eligible for allotment of an industrial plot measuring 7654 square yards and that his case ought to be considered by the Land Allotment Advisory Committee (hereinafter referred to as "LAAC"). The LAAC, in May 1974, decided that the GNCT, Department of Industry should re -assess the land required by the petitioner and wrote to the latter on 20.09.1974. The writ petitioner addressed a communication on 22.01.1975 which was followed up by a letter dated 28.09.1975 from the DDA stating that his case was under consideration. The GNCT, on 20.11.1976, required documentary evidence to consider the petitioner's financial position which he duly furnished. Accordingly, on 22.02.1978, the GNCT wrote to DDA stating that the petitioner had the capacity to establish an industry in case plot of 7654 square yards were allotted. The question was to be placed before the LAAC for allotment. In these circumstances, the DDA made an allotment on 19.07.1978 in respect of plot measuring 2000 square yards in Okhla Industrial Area.

(3.) ON 06.10.1988, the writ petitioner's application was rejected on the ground that the use of the acquired land as per the Zonal Plan was found to be recreational and therefore, the determination by the DDA was made that he was ineligible for such an alternative plot. The petitioner represented against the rejection by way of a letter on 01.11.1988 underlining that the land was acquired in 1960 and thus there was no Master Plan at that stage for Delhi. The petitioner's position was that the subsequent Master Plan could not be relied upon to reject his determined assessment and evaluation for an industrial plot measuring 7654 square yards. The DDA eventually examined the matter on 22.01.1990 and stated that the land was reserved for Railways and Railway yards. This led to further correspondence between the petitioner and the DDA and eventually on 18.03.1997, the Land and Building Department of DDA stated that "detail of the acquired land has not been verified in this department and this may be not be treated as a recommendation." The issue took a new turn on 25.06.1997 when the DDA stated that there was no policy to allot industrial plots against acquired lands. It was in these circumstances the writ petition was filed on 12.01.1999 seeking a direction for allotment of plot measuring 7654 square yards in lieu of the acquired land.