RAM SINGH SAINI Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This common judgment shall decide the above-noted two writ petitions which have been preferred by the petitioners, seeking to invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, 1950, for directions in the nature of mandamus to the respondent/DDA to allot them alternative plots in lieu of the respective pieces of land occupied by them, either through their ancestors or in their own rights, or in the alternative, to award compensation to each one of them for acquisition of their land and destruction of their crops besides damage to their household belongings. Both the writ petitions raise a common question of law, with more or less identical factual narrative and can be conveniently disposed of together.

(2.) It is pertinent to mention that there are 85 petitioners in W.P.(C) No. 4378/2020, whereas there are 32 petitioners in W.P.(C) No. 5970/2020.

(3.) Briefly stated, in W.P.(C) No. 4378/2020, it is the case of the petitioners that each of them has been occupying and doing cultivation on agricultural land measuring about 5 to 20 Bigha falling in Khasra No.12(min), Khasra No. 208/204 (min) and Khasra No. 206/11 (min) situated at Chirage Sumali (near Khajuri Khas), Delhi and Khasra No. 265/107 (min) situated at Bela Estate, Delhi. The petitioners claim that they have been in continuous physical and lawful possession of the respective agricultural land being owners thereof; and that the predecessor-in-interest of respondent/DDA i.e., DIT 'Delhi Improvement Trust' in the year 1949 allotted a total of 19,344 bigha of agricultural land on yearly rent of Rs.59,863.00 to a society, viz., Delhi Peasant Co-operative Multipurpose Society Ltd. 'DPCMSL' in various revenue states including Village Chirage Sumali, Bela Estate and Nangli Rajapur, with the right to allot/sub-lease the said land to various farmers and recover land Revenue/Lagaan from them and deposit the same with the respondent. They claim that on allotment of their respective land from the Society, they have been conducting agricultural activities and regularly paying lease money to the Society.