PARAS RAM Vs. VICE CHAIRMAN DDA

JUDGEMENT

(1.) THE petitioner has challenged the order dated 7th September, 2005 rejecting the request of the petitioner for allotment of alternative plot under the scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 on the ground that the property of the petitioner which was purchased by him was not mutated prior to the notification under Section 4 of the Land acquisition Act. The petitioner in the circumstances has prayed for issuance of an appropriate writ for allotment of the alternative plot of 40 sq. yards as per scheme of 1961. The petitioner had purchased the land measuring 1 bigha out of Khasra No. 217 situated at revenue estate at Village Shahbad Daulatpur, Delhi on 17th August, 1988 and a registered sale deed was executed in his favour which was duly registered on 17th August, 1988 with registration Number 14601, book No. 1, Volume No. 5808 at pages No. 20-22.

(2.) THE land of the petitioner had been acquired by the Government by notification No. F11 (17)/91/landb/la dated 28th April, 1995 under Section 4 of the land Acquisition Act. Pursuant to this notice under Section 4 of the Land acquisition Act, the land was finally acquired by award No. 1/98-99 dated 24th april, 1998 and the petitioner was paid compensation amounting to Rs. 2,71,297/-on 18th May, 1999 after the possession of the acquired land had been taken by the respondents.

(3.) THE petitioner has asserted that under the policy of the respondents that is scheme of 1961 which was to rehabilitate the agriculturists whose land has been acquired by the Government, the petitioner applied on 17th May, 2000 for allotment of an alternative plot of 40 sq. yards as the petitioner had become the real owner of the land which was purchased by him on 17th August, 1988.