AMIT GARG Vs. SECRETARY (ALT) LAND BUILDING DEPARTMENT

JUDGEMENT

(1.) The petitioners are invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, 1950 for issuance of a writ, order or direction, thereby seeking the following reliefs:

(2.) The genesis of the instant writ petition lies in the order dtd. 27/9/2012 'Impugned Order' passed in W.P.(C) No. 475/1999, whereby this Court directed the respondents to consider granting alternative allotment of an industrial plot to the petitioner. Before proceeding further, it would be imperative to refer to the factual narrative of the present matter, the inception of which can be traced back to the year 1947.

(3.) Succinctly put, the father of the petitioner i.e., Shiv Lal, (since deceased) was an active partner in M/s Raja Ram Brij Aggarwal (hereinafter referred to as the 'Firm') in 1947. On 14/7/1953, the Firm purchased a land measuring Area 4 Bighas 17 Biswas viz., 4,890 Sq. Yards out of Khasra No. 632-633 in the revenue estate of Village Peeragarhi, Delhi 'Subject Property". On 6/1/1964, respondent No.1/Secretary (Alt.) Land and Building Department, Government of National Capital Territory of Delhi ('GNCTD'), (hereinafter referred to as the 'Department') acquired the Subject Property of the petitioner vide award No.1658, and accordingly, compensation was paid to the Firm so much so that in the year 1967, the learned ADJ 'Additional District Judge' enhanced the amount of compensation, which was also duly paid to the Firm.