DHANWANTI DEVI Vs. SECY ALTERNATE

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus of allotment of an alternative plot in lieu of the land of the petitioner which was acquired pursuant to a notification dated 29.8.1967issued under Section 4 of the Land Acquisition Act, 1894, (?Act?).

(2.) The petitioner purchased the land in question on 28.7.1971 from M/s Laxmi Land and Trading Corporation. The land acquisition proceedings culminated in an award being made and compensation being disbursed. Pursuant to the applications under Sections 30 ? 31 of the Act, an order was made by the learned Additional District Judge on 4.10.1986 directing disbursement of compensation to different land owners which included the petitioner herein.

(3.) By a letter dated 29.5.1978, the respondent Delhi Development Authority (DDA) informed the petitioner that she should first claim compensation from the Land Acquisition Collector, thereafter ?apply to the Secretary (Land and Building), Delhi Administration........... for allotment of alternative plot.? The petitioner states that she did make such application in the requisite form on 17.7.1978. Thereafter on 11.4.1983, another letter was sent to her by Delhi Administration, Land and Building Department with reference to her application dated 3.3.1983 asking her to apply for allotment of alternative plot. As regards the said application, by letter dated 1.8.1988, the petitioner was informed that she was ?not entitled to any alternative allotment, as per the existing policy decision in this behalf?. This led to the petitioner filing the present petition.