VIJAY GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India seeking a Writ of Mandamus or any other Writ or direction to direct respondents to allot plots of land to the petitioners in view of the land acquired pursuant to notification dated 23.12.1986 and 24.12.1986. Essentially the case of the petitioners is for allotment of an alternate land in view of the acquisition of the land situated at village Malikpur Kohi @ Rangpuri, Tehsil Mehrauli, New Delhi. The petitioners seek to be treated at par with the persons whose land were acquired/persons who were displaced from village Nangal Dewat.

(2.) Some of the salient facts are that on 17.6.1985 a sale deed of agricultural land was said to have been executed in favour of the petitioners in village Malikpur Kohi @ Rangpuri, Tehsil Mehrauli, New Delhi. On 23.12.1986 a Notification was issued under section 4 of the Land Acquisition Act to acquire land at village Rangpuri for rehabilitation of persons displaced or effected due to the expansion/development of the Palam Airport at New Delhi. Notification under section 6 of the Land Acquisition Act was issued on 24.12.1986. On 23.12.1987 an Award was made in respect to the acquisition of the said land. On 12.4.1988 petitioners made representation to respondent No.2 and sent an application for allotment of alternative plot. On 3.8.1988 petitioners No.1 and 2 accepted the compensation amount under protest. On 31.08.1989 respondent No.2 communicated to the petitioners that they were not found eligible for alternate plots.

(3.) On 2.8.2001 this court disposed of a writ petition No.481/1982 titled Daryao Singh vs. Union of India which was filed by land holders of village Nangal Dewat, New Delhi who had challenged the acquisition proceedings. A submission of the Airport Authority of India was recorded that all persons whose names appear in the Award would be allotted alternate land in terms of rehabilitation scheme.