IMPORTANT POINT
While deciding a representation/petition, an authority or court may issue direction to the person concerned to consider the grievance. However, it is not permissible to pass the order by the superior authority/court itself.

JUDGMENT

Dr. B.S. Chauhan, J. —

1. The review petition has been filed against the judgment and order dated 3.6.2010 passed by this Court in Civil Appeal No. 973 of 2007. This Court has disposed of the said civil appeal by a detailed judgment in Manohar Lal (Dead) by Lrs. v. Ugrasen (Dead) by Lrs. & Ors., AIR 2010 SC 2210.

2. While deciding the appeal this Court proceeded on the following facts:

A. Land belonging to the predecessor-in-interest of the applicants, (hereinafter called ‘Shri Manohar Lal’), alongwith a huge area of land belonging to a very large number of persons, stood notified under Section 4 of Land Acquisition Act, 1894 (hereinafter called as ‘Act ‘) on 13.8.1962. Declarations under Section 6 of the Act in respect of the same were made on 24.5.1965 and 13.1.1969 alongwith Notification under Section 17(1) of the Act invoking the urgency clause. Possession of the lands was taken in pursuance thereof and award was made under Section 11 of the Act on 11.5.1970, so far as the land of Shri Manohar Lal was concerned.

B. The Government of Uttar Pradesh had framed the land policy dated 30/31.7.1963 to the effect that person aggrieved shall be allotted the developed land in residential area to the extent of 40% of the area of the land acquired provided the applicant fulfils the other conditions, namely, apply in writing within a period of one month from the date of acquisition; deposit the amount of compensation so received, if any, and other development charges within a period of one month after the allotment.

C. Shri Manohar Lal claimed to have filed an application on 22.6.1969. Land was allotted to him in year 1975, which was not accepted by him. The allottee did not comply with any of the terms of allotment rather asked to cancel the allotment and allot him the land of his choice at another place. Shri Manohar Lal was allotted the land vide order dated 27.12.1979 as per the direction of the Hon’ble Chief Minister in the commercial area.

2. This Court quashed the said allotment dated 27.12.1979 on grounds, inter-alia, that Shri Manohar Lal did not deposit the amount required under the Scheme within the stipulated period, when he was allotted the land by Ghaziabad Development Authority (hereinafter called as ‘Authority’), rather he had been asking another land of his choice, and therefore, the earlier allotment was cancelled. He kept quite for years together and, subsequently, approached the Hon’ble Chief Minister of the State of Uttar Pradesh who was not a competent Authority under the Act, therefore, the order of allotment made by him was not enforceable. The land allotted to Shri Manohar Lal was in commercial area and not meant for residential use, which was contrary to the terms of land Policy.

3. The review application has been filed primarily on the ground that certain affidavits were filed by the Authority during the hearing of the appeal and the applicants did not have sufficient opportunity to rebut the same or under the prevailing circumstances, could not file the reply in rebuttal and some relevant documents were also not made part of the record. In view thereof, this Court vide orders dated 26.8.2010 and 29.10.2010, directed the parties to produce the allotment letter in favour of Shri Manohar Lal issued in year 1975 and the letter of non-acceptance by him, and further to furnish information as how many persons whose land were acquired in pursuance of the same Notification under Section 4 of the Act were granted the benefit of the land Scheme.

4. Both the parties submitted their affidavits in response to the aforesaid orders. The applicants have submitted that they were not in possession of the letter of allotment made by the Authority in favour of Shri Manohar Lal in year 1975 or his letter of refusal of acceptance of the same. However, they have submitted that the allotment of the land was made vide letter dated 22.12.1975 in favour of Shri Manohar Lal which was very far away from his land, which had be