NARAIN SINGH Vs. GOVT OF NCT

JUDGEMENT

(1.) THE petitioner's land situated in village Masoodpur was acquired by three different awards, the last being award dated 22nd December, 1980. After receiving compensation in 1986, the petitioner applied for allotment of alternative plot under the scheme of Large Scale Acquisition, Development and disposal of Land in Delhi, 1961. The application was filed within the time as per the applicable scheme on the relevant date.

(2.) THE respondents after receiving the application called upon the Land acquisition Collector to confirm and furnish details on the compensation amount paid to the petitioner. The Land Acquisition Collector by his letter dated 9th february, 1987 furnished the relevant information.

(3.) IT is the case of the petitioner that in August, 1994 he came to know that the file was closed on the ground that the petitioner had not furnished the relevant documents pursuant to letter dated 7th october, 1991. It is the case of the petitioner that he had not received the letter dated 7th October, 1991. The th respondents have, however, not placed on record the letter dated 7 October, 1991 and proof of service of the said letter. The respondents have brought the original records but have not produced before this Court proof of service or any document to show that the said letter was sent at the correct address. What is equally important is the fact that the petitioner on 25th August, 1994 had made a request to the respondents to re-open the file. The respondents admit this nd application/request. It is also admitted that the petitioner on 2 September, 1994 had submitted passport size photographs, attested photocopy of the ration card and specimen signatures, etc. Thereafter, the respondents had called for a report from the Land Acquisition Collector, which was furnished by the Land acquisition Collector on 21st November, 1994. The petitioner thereafter received call letter dated 19th December, 1994 and claims that he had appeared before the respondents in the last week of December, 1994 and submitted an affidavit in terms of the prescribed form.