DHANPAL Vs. LAND AND BUILDING DEPARTMENT AND ANR

JUDGEMENT

(1.) Vide the present petition, the Petitioner has sought quashing of the order dated 30.10.2012 as also the Minutes of the Recommendation Committee dated 12.10.2012, whereby the Petitioner's case for grant of an alternative plot has been rejected on the ground that the Petitioner was neither the recorded owner nor had received the compensation amount and was, therefore, not eligible as per the Rehabilitation Policy for allotment of an alternative plot.

(2.) Mr.N.S.Dalal, learned counsel for the Petitioner submits that the Petitioner's father late Shri Shiv Lal, was co-owner with certain other persons in land forming part of Khasra no.46/2 (2-15), in which he was having 1/4th share, Khasra no.36/1 (1-10), in which he was having 1/3rd share, Khasra no.43 (1-16), in which he was having 1/9th share, Khasra no.49/2/2 (1-19) in which he was having 8/207th share and Khasra no.253/1 (5-0), in which he was having 1/27th share, situated in the revenue estate of Village Chilla, Sharoda Bangar, Shahdara Delhi. He further submits that land of the Petitioner's father in Khasra no.36/1, 43, 49/2/2 & 253/1 was acquired vide award dated 30.01.1973, whereas his only remaining land, which was in Khasra no.46/2 was also subsequently acquired vide award dated 30.06.1983.

(3.) Mr.Dalal submits that the Petitioner's father had expired on 20.07.1982 and, therefore, even though he had received compensation in respect of the award dated 30.01.1973, whereby his land in the aforesaid four Khasra numbers, was acquired, it is the Petitioner who had, as his legal heir, received the compensation in respect of the award dated 30.06.1983, whereby the only remaining land of his father which was in Khasra No.46/2, had been acquired. He further submits that in view of the large scale acquisition, development and disposal of land in Delhi, the Respondents had, in order to rehabilitate persons whose lands were acquired, issued a scheme dated 02.05.1961, providing for allotment of alternate plots to recorded owners whose entire land stood acquired.