RAJINDER PAL MALIK Vs. THE VICE CHAIRMAN, DDA

JUDGEMENT

(1.) Vide the present petition; petitioner seeks directions thereby directing the Delhi Development Authority ('DDA') to hand over the possession of a piece of land within the stipulated period as the petitioner was fully covered under the Gadgil Assurance Scheme ('GAS') and consequently, DDA may be directed to allot 'B' Type Govt. land to the petitioner.

(2.) The case of the petitioner is that he is 76 years old, who had been migrated from Pakistan after the partition of India. He had filed a Writ Petition being CWP No. 1588/1984 stating therein that he was fully covered under the GAS and since he was entitled for allotment of 'B' Type Govt. land pursuant to Khosla Award, he made an application on 26.11.1980. However, no allotment made so far.

(3.) Initially, respondent / DDA resisted the claim of the petitioner, nevertheless, it had agreed before this Court to consider the case of the petitioner for allotment of land under category 'B'. Accordingly, the said petition was disposed of vide order dated 18.09.2001 with a direction to DDA that it will be bound to treat the petitioner for allotment under category 'B' in consonance with the GAS contained in resolution No. 262 dated 16.10.1970 and that DDA shall made the allotment by 31.12.2001. The said order was reiterated in Review Petition No. 12657/2001, wherein this Court clarified that the petitioner shall be allotted a plot in accordance with the GAS. However, since the DDA did not comply with the order to make allotment by 31.12.2001, the petitioner filed a Contempt Petition No. 62/2002 and the respondent therein, i.e., Secretary to the Government of India, Ministry of Urban Development and Poverty Alleviation filed its reply/affidavit thereby stating as under: