ASHOK KUMAR Vs. DELHI DEVELOPEMNT AUTHORITY

JUDGEMENT

(1.) These two writ petitions raise common questions and are, therefore, being disposed of by this common judgment. In both the petitions the petitioners challenge the decision of the respondent Delhi Development Authority (DDA) cancelling the allotments made in their favour of Category "A" plots under the Gadgil Assurance Scheme and allotting them category "B" plots in lieu thereof. The petitioners seek a direction to the DDA to restore the allotment of the Category "A" plot.

(2.) The background to the present petitions is that the Government of India constituted a committee under the chairmanship of Shri N.V.Gadgil for determining the criteria for allotment of alternative plots to the refugees who fled from Pakistan during the Partition of 1947 and settled in Delhi on government land. The Gadgil committee categorised the refugees who had occupied the government land into three categories as under:

(3.) Thereafter a five-member committee, comprising officers of the DDA and the Municipal Corporation of Delhi, was constituted to examine the eligibility and claims of individuals for allotment of alternate plots. It appears that this Committee examined the claims mainly on the basis of two documents: (1) Refugee Registration Certificate (essential) (2) Receipts regarding payment of damages assessed by the Authority on the basis of the rates levied for the first time in 1952. Apart from the above two documents, the following documents were also examined by the five-member committee: a. Ration Card of 1950. b. Electric/Water/Telephone bills, date back to 1950. c. Census slips of 1960. d. Voter's list of June, 1951 and e. any other letter addressed to the squatter at his place of occupation prior to 15th August, 1950.