LAJWANTI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition is filed for :

(2.) The brief facts of the case are that in the year 1966 the petitioner had purchased property No. 797/VIII from one Shri Rehmat Ali son of Shri Sarfaraz Ali vide registered sale deed dated 12th August, 1966. The said property is situated in the notified slum area of the walled city of Delhi and was covered by Slum Clearance order issued under Section 9 of the Act. The petitioner allegedly does not own any other residential house or plot in the Union Territory of Delhi and was also assessed to house-tax in respect of the above property. At the time of purchase of the property there were three tenants living therein namely Shri Hari Chand, Shri Atma Ram and Smt. Balu Devi. The petitioner took proceedings against the tenants for eviction but it will not be necessary to state further details in respect of those proceedings as they are not of much relevance to the pleas raised in the present petition. There is, however, no dispute that the petitioner has purchased the property as referred to above by a valid registered sale deed. On 6th October, 1985 the petitioner came to know that her property had been demolished and she lodged a report with police regarding illegal and forcible demolition of her property. The learned Counsel appearing for her also served notice on Delhi Development Authority (for short DDA) claiming compensation of Rs. 2,00,000.00 for unauthorised demolition. Meanwhile, the Directior (Slum and JJ) allegedly during public hearing granted to the husband of the petitioner advised to file an application for issue of 'No Objection Certificate' for reconstruction of the property and the petitioner filed an application on 2nd December, 1985 for issue of 'No Objection Certificate under Section 6A of the Act and on 3rd December, 1985 she was asked to deposit a fee of Rs. 100.00 for issuance of the said Certificate. Meanwhile Competent Authority (Slum) issued show cause notice on 19th September, 1986 to the petitioner to the effect that the Lt. Governor of Delhi has accorded permission to acquire the property under Section 12(1) of the Act. The petitioner, as a consequence was given liberty to file objections. The petitioner filed CWP No. 2160/86 in this Court impugning the above action and the Competent Authority was directed to decide the show cause at the earliest. The Lt. Governor held vide order dated 30th March, 1989 that the acquisition of the property was in public interest and directed that it may be finally acquired under the Act and further proceedings be taken in accordance with law. The writ petition, as a consequence, was dismissed as it had become infructuous on July 4,1989 when the following order was passed :

(3.) The question of alternative allotment was not decided and the Land and Building Department of Delhi Administration insisted on handing over possession of the property. The notification acquiring the property was issued which is dated 8th November, 1989 and is filed as Annexure JJ to the Amended Writ Petition. The said notification may be re-produced as follows :