JASWANT KAUR Vs. LT GOVERNOR

JUDGEMENT

(1.) By this petition filed on 1st April, 1991, the petitioner seeks quashing of the impugned communication dated 3.12.90 issued by the respondent No.2, Joint Secretary, L&B Delhi Administration and a direction to the respondents to allot to the petitioner an alternative plot under Large Scale Acquisition Development and Disposal of Lands in Delhi Scheme, 1961.

(2.) Vide notification dated 24.10.61 under Section 4 of the Land Acquisition Act, 1894 large scale of land was proposed to be acquired for the public purpose of the planned development of Delhi. One of the persons whose land was acquired was one Pat Ram Gujar. On 21.1.63, the said Pat Ram transferred 450sq.yds of plot out of 700 sq.yds. to 3 persons namely Kulwant Kaur, Jaswant Kaur (the petitioner) and Gyan Kaur. The petitioner is claiming an alternative plot of land under the scheme of the respondents. On 3.12.90 vide Annexure P-8, the respondent No.2 has informed the petitioner with reference to her application dated 28.4.89 that she has been found not eligible for allotment of an alternative plot because she was not the owner of the land at the time of notification under Section 4 of the Land Acquisition Act i.e. on 24.10.91.

(3.) According to the petitioner it is the policy of the respondent to allot alternative plot of land to the person adversely effected by land acquisition and in as much as she is one who has stepped into the shoes of the person whose land has been acquired, she is entitled to allotment of an alternative plot. She had made an application on 17.4.65 seeking allotment and thereafter she has been pursuing her claim for allotment which has finally been rejected in the year 1990. Hence the petition.