LAWS(DLH)-2008-4-74

JAI SINGH KANWAR Vs. UNION OF INDIA

Decided On April 22, 2008
JAI SINGH KANWAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India seeks a direction to the Respondents to allot an alternative plot of appropriate size at the rates prevailing on 4th December 1985 in lieu of the land acquired by the respondents for the planned development of Delhi. It raises significant questions concerning the interpretation of the policy of the Government of India for allotment of alternative plots in light of the changes announced to it from time to time and the judgments of this Court.

(2.) THE facts leading to the filing of the petition are that Shri Chajju Singh, the grandfather of the Petitioner, was the recorded owner of 24 bighas and 16 biswas of land located at village Babarpur, Shahdara, Delhi. On 13th November 1959 a notification was issued under Section 4 of the Land Acquisition Act, 1954 ( LA Act ) for acquisition of the several lands which included the said land. Thereafter, following a Notification under Section 6 LA Act, an award was passed on 24th November 1969. Pursuant to the award, when the authorities sought to take possession of the land, some of the land owners filed Civil Writ Petition no. 1293 of 1969 (Chiranji Lal and Ors. v. Union of India) in this Court. It is stated that in view of an interim order granted by this Court staying dispossession of the landowners, a substantial portion of the land in question which had been acquired could not be taken possession of by the Respondents. Meanwhile, the acquired land came to be encroached upon resulting in housing colonies coming to be constructed thereon. Ultimately the said writ petition was dismissed as withdrawn since the petitioners informed the court that the government was formulating a scheme to regularise the unauthorised colonies that had sprung on the acquired land.

(3.) DURING the pendency of this writ petition, the original petitioner Shri Om singh Kanwar died on 24th February 1997. By a Will executed on 28th May 1995 he bequeathed his right of alternative plot in favour of my elder son Jai Singh kanwar. C. M. No. 9382 of 1998 was then filed in these proceedings. This was allowed by an order dated 19th September 2006 and the Petitioner was substituted in place of Shri Om Singh Kanwar.