BIRKHA RAM Vs. DDA

JUDGEMENT

(1.) AGRICULTURAL land situated in Village Lado Sarai belonging to the petitioner were acquired under the ï ¿ 1/2and Acquisition Act by the Central Government in the year, 1980 vide Award No.36/80 -81 announced on 19.6.80. Under the scheme of alternative allotment of land, the petitioner applied for allotment of a residential plot. The case of the petitioner was recommended to the DDA by the Land and Building Department of Delhi Administration vide communication dated 15.02.1984 for allotment of a residential plot. The recommendation was for allotment of an alternative plot admeasuring 250 sq. yards in South zone. On 04.06.1986, the Delhi Development Authority communicated to the petitioner that plots are not available in South zone and it had been decided to accommodate him in West zone. His consent was sought by the respondent DDA and he was required to deposit Rs. 3,000/ -. The petitioner objected to being allotted land in another zone apart from South zone. He sought reconsideration of its decision by the DDA. The DDA reiterated its position on 09.08.1989 stating that land would be allotted in North zone. The petitioner again rejected this offer made by the DDA on 14.08.1986. The petitioner was issued another communication dated 20.03.1990 informing him that it had been decided to allot him a plot measuring 175 sq. meters in Pappan Kalan Residential Scheme or the self -financing scheme flat of category 3 to be constructed in Jasola, South Delhi. He was required to make a deposit of Rs. 5,000/ - as earnest money by 20.04.1990. The petitioner deposited the said amount under protest on 19.04.1990. The petitioner then preferred the present writ petition in July, 1990. The petitioner prayed for the following reliefs in the writ petition :

(2.) THE petition was entertained and notice was issued to the respondent. Thereafter, the petition was admitted on 16.07.1991 with the issuance of "Rule". The Court dismissed the writ petition for non -prosecution on 22.05.2003 since none appeared when it was called for hearing as a regular matter.

(3.) THE petitioner filed an application for restoration of the writ petition being C.M. No.3305/2007. The same was firstly filed on 20.12.2006. In this application the petitioner explained the reasons for neither his, nor his counsel's appearance, when the matter was listed for hearing before the Court on 22.05.2003. In paragraph 9 of the application the petitioner stated that to put an end to the unfortunate and prolonged litigation he had decided to accept the aforesaid allotment made by the respondent, at the cost demanded at the time of allotment to finish off the matter as the plot was still available with the DDA. He sought the recall of the order dated 22.05.2003 dismissing the writ petition for non -prosecution, its restoration and a further direction to the respondent DDA to give possession of the allotted plot to the petitioner at the cost demanded in the allotment letter. Along with the application, the petitioner also placed on record the reply sent by him on 25.11.2004 to the letter of cancellation aforesaid, wherein he requested for allotment of the alternative plot in accordance with the policy of the DDA, or in the alternative for restoration of allotment of Plot No.28, Sector -19, Dwarka.