ROHTAS SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In the year 1975, at the instance of the then Prime Minister, a 20 Point Programme was formulated by the government authorities. Under this Programme, plots of lands were allotted to Harijans and other poor and landless persons for their housing. These plots of lands were given from the land belonging to different Gaon Sabhas in Delhi. The petitioners herein, who are 34 in number, were the beneficiaries of the said 20 Point Programme as they were allotted plots in village Kochanpur. For this purpose in the year 1977-78,158 plots were carved out of the Gaon Sabha land in the said village. Out of these, 147 plots were allotted to the poor and landless persons which included the petitioners herein.

(2.) The Delhi Development Authority framed a housing Scheme known as Dwarka Project and for this scheme vast tracts of land have been acquired by the Government and placed at the disposal of the DDA for the development of the said scheme. Notification dated 13.12.2000 under Section 4 of the Land Acquisition Act was issued whereby the Government proposed to acquire lands in various villages, including village Kochanpur. The petitioners filed objections thereto under Section 5-A of the Act pointing out that plots in question were allotted to them for residential/housing purpose under the 20 Point Programme to the weaker sections of the society and therefore, there was no occasion to acquire the residential plots allotted to them for residential scheme. The primary objection was that when these plots were allotted to the petitioners, who belonged to Harijan class and poor category, for their rehabilitation/housing, it defied common sense as to why such poor people should be uprooted for the purpose of developing residential plots for other persons.

(3.) However, the objections of the petitioner did not find favour with the respondents and rejecting these objections, notification dated 7.12.2001 under Section 6 of the Act was issued. After the issuance of this declaration under Section 6 of the Act, the petitioners, approached this Court by means of present petition under Article 226 of the Constitution of India in which they have prayed for issuance of writ of mandamus as well as the writ of certiorari with the following prayers: