AMOLAK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner's land situate in village Tihar was acquired for Planned Development of Delhi under the provisions of Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') for which award No.2177 was made on 11.11.1968. Petitioner's share in the land was 2 bighas 6 biswas. Under the policy for allotment of alternative residential plots to the persons whose land is acquired under the Scheme of Large Scale Acquisition (Development and Disposal) of Land in Delhi, an application was submitted by the petitioner. Through letter dated 23.12.1988 (annexure P-2) Land & Building Department, Delhi Administration made a recommendation for allotment of a plot of land measuring 250 sq. yards in the West Zone.

(2.) The grievance of the petitioner is that alternative plot measuring 800 sq. yards @ Rs.40.00 per sq. yard was also offered to one Gurbax Rai, an evacuee of the same village whose land was also acquired under the same notification for the same public purpose. Petitioner had purchased the land for residential as well as for earning his livelihood. On 3.5.1965 a sale certificate was also issued in his favour by the Government and since under the same Scheme one Gurbax Rai, a person similarly placed was allotted 800 sq. yards, the action of the respondent in making recommendation of only 250 sq. yards was not justified. In this background by filing this petition on 20.11.1995 the petitioner sought directions against the respondents for allotment of a plot of land measuring 800 sq. yards in the West Zone or in the alternative to issue appropriate direction for allotment of land measuring 250 sq. yards, as recommended by the sponsoring authority, in the West Zone and also to allot an industrial plot of 800 sq. yards as per the policy of 1961.

(3.) Respondents in their affidavit in reply stated that Land & Building Department, Delhi Government through its letter dated 23.12.1988 made recommendation in favour of the petitioner for allotment of 250 sq. yards of land in West Zone and accordingly the petitioner was allotted a plot of land in Rohini Residential Scheme bearing Plot No.52, Pocket 16, Sector 20, measuring 250 sq. yards. It is stated that the respondent is working on behalf of Land & Building Department for allotment of alternative plots. On receipt of recommendation in favour of one Gurbax Rai he was allotted 800 sq. yards of plot in 1967 @ Rs.40 per sq. yard in Pankha Road Residential Scheme, Janakpuri as per recommendation. In the case of petitioner recommendation was made in the year 1988 for allotment of 250 sq. yards of plot. Case of petitioner was thereafter considered as per the policy duly approved by Lt. Governor of Delhi. He was allotted as per the policy prevalent on the date of allotment, a plot of near about of same size, namely, 200 sq. meters in Rohini, which also falls in the West Zone as per policy of alternative plot.