Judgment

R.V. Raveendran, J.

The respondent claims to be the Karta of the `HUF of Tek Chand' consisting of himself and his two brothers (Harichand and Lachhman Das). Respondent's family migrated from Pakistan to India in 1947. Respondent and his two brothers filed claims before the competent authority on 22.9.1950, as refugees/displaced persons seeking allotment of land as compensation in lieu of their lands in Pakistan. Their claim was verified and registered for 7 Standard Acres and 3.1/4 Units vide order dated 5.11.1952 by the Claims Officer, Delhi, under the Displaced Persons (Claims) Act, 1950. Towards partial satisfaction of the said verified claim, initially 5 Standard Acres and 4.1/3 Units situated in Bawana, Delhi was allotted and delivered to them. The question of allotment of remaining land was pending for several years and in the year 1965 the Office of the Regional Settlement Commissioner informed the Land Allotment Officer that after taking note of the land that was already allotted in partial satisfaction, the balance agricultural land allotted to them (respondent and his two brothers) was only 2 Standard Acres and 8.11/12 Units.

2. The respondent claims that he was thereafter pursuing his request for allotment of the remaining land, on behalf of himself and his two brothers as Kartha of HUF. It is stated that the file was not traceable for some years in the concerned Ministry and subsequently the file was traced and transferred to the Land and Building Department. Ultimately by orders dated 12.9.1989 and 21.9.1989, the respondent and his two brothers were categorically informed by the Ministry of Home Affairs (Rehabilitation Divison-Settlements) that no agricultural land was available in the rural areas of Delhi for allotment, and Rs.383.50 being the compensation payable to each of them, corresponding to the extent which was not allotted, was credited to their account in terms of the relevant rules. Even after the receipt of the said communication the respondent and his brothers did not take any legal action. In the year 1994, the respondent obtained a letter of recommendation from a Central Minister and tried to revive the stale issue. The representation was again rejected. It is thereafter, in the year 1996, that the respondent filed a writ petition in the Delhi High Court seeking allotment of the land.

3. A learned Single Judge of the High Court allowed the writ petition in part with costs of Rs.5000/- on 16.5.2003. The learned Single Judge was of the view that after all these years it was not possible to issue any direction for allotment of agricultural land to the respondent as such land was not available. He was, however, of the view that the appellants, due to their carelessness, had deprived the respondent of the allotment of the land. Therefore he directed the appellants to work out the market value of the extent of land to which respondent was entitled as on the date of the filing of the writ petition in 1996 and make payment within two months. The appeal filed by the Union of India was dismissed by a Division Bench of the High Court on 31.1.2005. The said order is challenged in this appeal by special leave.

4. The claim of respondent and his brothers for compensation by way of agricultural land was verified and certified as 7 Standard Acres and 3.1/4 units in 1952. Depending on the availability, 5 Standard Acres and 4.1/3 units of land was allotted and delivered to them. In 1965, it was confirmed that as per the verified claim, the respondent and his brothers were still entitled to 2 Standard Acres and 8.11/12 Units. As per the rules, though normally compensation was payable in terms of rural agricultural land from the compensation pool created with evacuee lands, cash compensation was payable in the event of non-availability of rural agricultural land. The cash compensation payable under the Rules was Rs.450/- per standard acre and nothing more. It is in these circumstances, due to non-availability