BALJIT SINGH Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) The petitioner has prayed for the issuance of writ of certiorari for quashing the letter dated 20.10.1982 by Delhi Administration and the letter dated 25.11.1982 by the Delhi Development Authority (hereinafter referred to as the DDA) and for further quashing the notice dated 7.9.1982 issued by the DDA and for a mandamus directing the respondents to hand over the possession of plot No. 55, Block G, Malviya Nagar, New Delhi, or any plot in the same locality pursuant to the letter dated 7.3.1979 and dated 28.8.1980. The case of the petitioner briefly stated as follows:

(2.) The land of the petitioner was acquired for development of Delhi. In 1961, a scheme was framed which is called "Large Scale Acquisition Development and Disposal of Land in Delhi, 1961". That scheme provides for an allotment of land to persons from whom land is acquired. According to the petitioner the land of the family situated in Village Chirag was acquired by Delhi Administration in 1955,1961 and 1965. In November, 1963 a public notice was issued inviting the application's from the persons who would be entitled to allotment under the scheme. On 1.3.1978 the petitioner applied to the Delhi Administration, Land and Building Department, that was not acknowledged. The Delhi Administration asked the petitioner to move an application in a prescribed proforma. On 13.11.1978, the petitioner applied in the prescribed proforma. It is stated in para 10 of the petition as follows : In this application the petitioner desired allotment of residential plot measuring 400 sq. yards. In this proforma there is a Column -11 in which the petitioner mentioned 'No' as the earlier application moved in 1967 was not acknowledged by the Department. It is submitted that until and unless application is acknowledged earlier application has no effect in the eyes of law.

(3.) On 25.7.1979 the Delhi Administration recommended the allotment of plot of 250 sq. yds. by letter dated 23.10.1979 and the DDA wrote to the petitioner informing him that he was found eligible for allotment of alternative plot of a size of 125 sq. yds. The petitioner sent an affidavit stating that he has no other residence or plot in Delhi either in his name or in the name of his dependent. The petitioner also paid a sum of Rs. 2,000.00 as earnest money. Thereafter by a letter dated 28.8.1980 the DDA informed the petitioner that plot No. 55, Block G, Malviya Nagar has been allotted to him on perpetual lease hold basis subject to payment of premium amounting to Rs. 9,615.10. According to the petitioner the balance amount payable after giving credit of Rs. 2,000.00 is Rs. 7,626.10.