TRILOK CHAND TYAGI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This petition under Arts. 226 and 227 of the Constitution of India seeks an appropriate writ, order or direction quashing the impugned orders of the respondents rejecting the applications of the petitioner for allotment of a plot under the Scheme of Larger Scale Acquisition, Development and Disposal of Land in Delhi'.

(2.) The facts are not in dispute. The Government of India framed a policy and notified it in the memo dated May, 2, 1961 relating to the control on land values in the urban areas of Delhi, acquisition, development and disposal of land in Delhi. Lands were acquired for the planned development of Delhi as a result of the Chief Commissioner's notifications under the Land Acquisition Act, 1894. All lands acquired under the scheme had to be developed and disposed of in accordance with the policy. As a general policy, disposal of developed land had to be made by auction and the premium was to be determined by the highest bid, except in the specified cases where land could be allotted at predetermined rates, namely, the cost of acquisition and development plus the additional charge mentioned therein. One of the exceptions was that the land could be allotted to individuals whose land had been acquired as a result of Chief Commissioners notifications specified therein.

(3.) The Delhi Administration invited applications for allotment of alternative plots of land in lieu of the land acquired. A pro forma was prescribed for being filled in by the persons seeking allotment of developed residential plots in lieu of their land acquired under the Scheme of large scale acquisition, development and disposal of land in Delhi-1961'. The petitioner made an application on or about August 9, 1979. The application was dealt with by the Delhi Administration in the Land and Building Department. The Land and Building Department by letter dated September 7, 1979 called upon the Land Acquisition Collector to verify the particulars of the land acquired and to furnish the information to the Land and Building Department to enable them to take further action. There is some correspondence between the Land and Building Department and the Land Acquisition Collector. Ultimately, by letter dated April 15,1982 the Land Acquisition Collector called for a copy of the original application of the petitioner so that the particulars contained therein could be verified.