SOMVEER Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed seeking to declare the non-allotment of land to the petitioner is against the preferred policy of the Government. A writ of mandamus is also sought to direct respondents No.2 and 3 to allot an alternative plot to the petitioner.

(2.) The case of the petitioner is that on 06.06.1991 vast tracts of land in Village Kakrola were notified under section 4 of the Land Acquisition Act. The share of the petitioner's father Sh.Chhotey Lal was acquired in 1994. On 31.01.1994, the petitioner's father Sh.Chhotey Lal, as per policy of the government, applied for allotment of an alternative plot. Sh.Chhotey Lal died on 31.03.1994. Other co-owners of the land, namely, Sh.Anand Singh, Sh.Suraj Bhan and Sh.Chander Bhan were said to have been allotted alternative plots by the respondents in 2000.

(3.) In 2004, the petitioner moved an application before the court of learned Additional District Judge where a petition under section 18 of the Land Acquisition Act was pending. The court substituted the petitioner along with other sons and daughters as the LRs of late Sh.Chhotey Lal vide order dated 02.12.2004. On the basis of the aforesaid order, the petitioner obtained LR Certificate from the concerned SDM. Thereafter on 09.03.2005, the petitioner submitted all the required documents in the office of respondent No.2. However, on 13.09.2005 respondent No.2/Assistant Housing Commissioner, Land & Building Department informed the petitioner that the application for allotment of an alternative plot has already been rejected being time barred.