RAM NIWAS Vs. D D A

JUDGEMENT

(1.) This writ petition seeks a mandamus to the respondent to carry out mutation in respect of plot No. BP-123, Shalimar Bagh, Delhi in favour of the petitioner and also to hand over possession of the said plot in terms of the recommendations of the Permanent Lok Adalat.

(2.) The facts of the case are that one Smt. Veera Wali, the mother of the petitioner applied for allotment of residential plot in Shalimar Bagh vide application dated 18.8.1975. The background to this application was that many persons were evicted from the old Subzi Mandi in Delhi and under a special scheme each of them was allotted a shop at the New Subzi Mandi at Azad Pur. They were also given a residential plot in Shalimar Bagh according to their income.

(3.) The plot No. C-27 in the New Subzi Mandi was allotted in favour of M/s Darshan Lal and Co. having two partners: Sri Darshan Lal S/o Ayodhya Prasad and Sri Balwant Rai S/o Lal Chand having 2/3rd and 1/3rd shares respectively under a deed of partnership dated 8.9.1965. Shri Balwant Rai went missing since September/October 1971 and was not heard of even till 1975 when the aforementioned special scheme for allotment of residential plots to those occupying places of business at the Old Subzi Mandi was formulated. A shop No. C-27 was allotted to the firm at the New Subzi Mandi.