HAR KISHAN Vs. UOI

JUDGEMENT

(1.) The writ petitioner has claimed a direction to the respondent to allot and hand over possession of a developed plot measuring 250 square yards in the South Zone. Learned counsel for the petitioner states that affidavit was prepared and could not be filed. It is submitted that despite his best efforts, the petitioner has not got in touch with the counsel.

(2.) The undisputed facts are that petitioner's lands were acquired by one of the large scale acquisition notification issued by the then Delhi Administration, for the purpose of planned development of Delhi in 1962. The petitioner claims that he was determined to be entitled to an alternative plot on 13.5.1980 by the Delhi Administration, namely, respondents 2 and 3 (hereafter referred to as ?Govt. of NCT?). It is contended on his behalf that his two brothers, whose lands were also acquired by the same notification had applied along with him for an alternative plot and their cases were recommended by the Govt. of NCT (like him) in 1980. It is claimed that they were handed over possession of the plot in 1980.

(3.) The petitioner claims to have repeatedly, though unsuccessfully, approached the DDA for handing over possession of the plot before he approached this Court in these proceedings in the year 1992. During the course of hearing, on 16.11.2004, the petitioner was given an opportunity to file an affidavit disclosing the file numbers in respect of the allotment of alternative plots to his brothers and if possible produce copy of the recommendation letter issued by the Govt. of NCT. Two weeks time was granted for the purpose. On the subsequent five dates of hearing, the petitioner sought for and was granted extension of time. However, no affidavit was forthcoming; the same is the position even today.