CAPTAIN MELA SINGH Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The challenge in this writ petition under Article- 226 of the Constitution is to the cancellation of an allotment of plot of land which had been made in favour of the petitioner.

(2.) The petitioner, before he bad .retired from the Army, is stated to have purchasedl and measuring 1017 square yards in Village Basai Darapur in the Union Territory of Delhi. This land was, however, notified for acquisition under Section 4 of the Land Acquisition Act which was issued on 13/11/1959. Subsequently this land was acquired.

(3.) The respondents had a policy for allotting alternative plots of land if a person's land had been acquired under the scheme for large scale acquisition, development and disposal of land in DeKlhi. Under this policy, on 6/5/1961 the petitioner applied for an allotment of an alternative plot of land. By letter dated 3/8/1968 the petitioner was allotted 351 square metres of land in Pankha Road Residential Scheme. The petitioner was required to deposit a premium of Rs. 13,783.77 i.e. at the rate of Rs. 39.27 per square yard. It is alleged by the petitioner that when he receivethe offer of allotment he was lying seriously ill and he was unable to deposit a sum of Rs. 3445.94, being 25% of the total amount which was demanded from him. As the petitioner did not deposit this money, vide a letter dated 14/9/1969 the allotment made in his favour was cancelled.