AMRIK SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner has filed the present writ petition for allotment of a strip of land, measuring 100 Sq. yards adjacent to the plot of the petitioner, bearing No. D-IV/33, Amar Colony, Lajpat Nagar, New Delhi.

(2.) The facts, relevant for the disposal of the present writ petition, briefly stated are that plot No. D-IV/33, Lajpat Nagar, New Delhi was allotted in favour of one Shri Bhupinder Singh by the Ministry of Rehabilitation, Govt. of India on 18th Feb., 1958. A formal lease deed in respect of the above mentioned plot was executed in favour of said Shri Bhupinder Singh on 28th January, 1964. Thereafter on 11th August, 1985 the petitioner purchased the above mentioned plot by means of a registered sale deed for Rs l,35,000.00 . The Land & Development Office, Govt. of India issued mutation letter on 15.1.1986, mutating the above mentioned property in the name of the petitioner. The Petitioner made request vide letters Annexures 'K' & "L' to the Vice-Chairman, Delhi Development Authority(hereinafter referred to as 'the DDA') requesting for the allotment and possession of the strip of land adjacent to his above mentioned plot. However, the concerned authorities of the DDA instead of allotting the additional strip of land in favour of the petitioner, on 28.5.1990 demolished the structure standing thereon without serving any notice on the petitioner.

(3.) On behalf of respondent DDA, it is contended that the petitioner has no locus standi to file the present petition as he has no right and/ or interest in the plot (strip of land) in question and that the alleged strip of land alongwith other pieces of land, measuring approximately 1020 Sq. yards were transferred to DDA subject to payment of Rs 30 crores in pursuance of a Cabinet decision by the Ministry of Suply & Rehabilitation, Govt. of India, as conveyed vide letter dated 2.9.1982 (Annexure R-1), addressed to the Vice-Chairman, DDA. The vacant possession of all the pieces of land, including the piece of land in dispute, was taken over by the DDA on 3.1.1984 (Annexure R-2) and since then all the pieces of land including the one in dispute belong to DDA. The respondent DDA in its counter has specifically denied demolition/damage to any structure on plot No. D-IV/33, Amar Colony, Lajpat Nagar, New Delhi, which belongs to the petitioner However, the DDA has admitted that it has demolished illegal construction/structure standing on the piece of land in question, bearing No. D-IV/33-A, Amar Colony, Lajpat Nagar, New Delhi on 28.5.1990. It is further contended by the respondent DDA that it had demolished only the illegal construction/structure on the encroached land existing on plot No. D-IV/33-A, Amar Colony which belongs to DDA and no loss or damage whatsoever has been caused to the property bearing No. D-IV/33, Amar Colony belonging to the petitioner. Thus no civil or legal right of the petitioner has been violated during the said demolition. The charge of discrimination has also been denied and it has been stated that the DDA never allotted to the owner of plot No. D-34 any piece of land adjacent thereto, as alleged. It is prayed in the counter, filed on behalf of DDA, that the petitioner is not entitled to any relief and that the petition be dismissed with costs.