JAGAT SINGH Vs. DSIDC LTD

JUDGEMENT

(1.) . The present writ petition impugns the action of the respondents in rejecting applications of four of the sons of Sh. Mithan Lal whose land was acquired for individual shops on the ground that as per the scheme for allotment of shops to persons whose land was acquired, the expression"Displaced Family" would include one member of the family of the "Recorded Owner" only and that Mithan Lal was the only"recorded owner" of the land acquired whereas the petitioners were only his representatives and entitled to shares in the compensation awarded to Mithan Lal.

(2.) The undisputed facts giving rise to the petition are that one Sh. Mithan Lal was the owner of a 14th share in land at measuring 67 Bighas 7 Biswas in village Bhorgarh, Delhi. From the documents placed on record by the petitioner, it is evident that this land was notified for acquisition under Section 4 of the Land Acquisition Act, 1989 in the year 1963. The award with regard to this land came to be made vide award no. 19/78-79 dated 12th June, 1978. The purpose of acquisition appears to be for planned development of Delhi. This acquired land was earmarked for development of an industrial complex known as the Narela Industrial Park. The admitted position is that possession of the land was taken by the land acquisition collector on 10th July, 1978. Compensation payable under the statutory scheme of the Land Acquisition Act was paid on 18th November, 1978.

(3.) It appears that the authorities had identified the creation of Narela Township as an industrial complex to be developed by the Delhi State Industrial Development Corporation as part of the integrated development of the plan of Narela. The industrial complex which was to be developed was to cover an area of 240 hectares and was earmarked for industrial activity. In addition to the industrial plots which were developed, seven facility centres to cater to the basic needs of the industries were planned spread over the various sectors of the complex. For purposes of allotment of the commercial spaces in these facility centers, the respondents had published "BROCHURE FOR ALLOTMENT OF SHOPS AT NARELA INDUSTRIAL PARK". In this brochure, the respondents had notified that the allotment of shops is only for the persons/members of the displaced families whose land had been acquired for the development of the industrial complex.