OM PRAKASH Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) In these proceedings the relief claimed by the Petitioner is for an appropriate writ directing the Respondents to allot an alternative plot meaning 400 sq. yards irrespective of the eligibility criteria spelt out by them.

(2.) The brief factual matrix necessary for deciding this case is that two parcel of lands which belonged to the Petitioner were acquired. The first was two thirds share in 18 bighas 12 biswas in khasra No. 1013/241/1 and 22 bighas 6 biswas in khasra No.1330/642/349, acquired by virtue of a notification dated 15.5.1945 under Section 4 of the Land Acquisition Act, for the benefit of the Delhi Improvement Trust, which is the predecessor of the Delhi Development Authority (hereafter called as the "DDA"). The second parcel of land was 5 bighas and a half biswas land in khasra No.615/16 for the planned development of Delhi, notified on 13.11.1959 in respect of which an award was framed on 11.8.67. This was for the benefit of the DDA.

(3.) It is an undisputed fact that the Petitioner received compensation in respect of both the notified lands; as far as the first parcel is concerned, the award was made in 1961; he received compensation in 1968 and in respect of the second parcel of 5 bigha and half biswas land the award was made in 1967.