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2004 Supreme(Del) 1170
High Court Of Delhi
SANTOSH KUMAR - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
W.P. 3107 of 1987
Decided On : 12/14/2004
K.R.Gupta, O.P.Sharma, Sangita CHANDRA
The main legal point established in the judgment is that the DDA's decision-making process was influenced by the CBI investigation, and the petitioners' insistence on a specific plot location affected their entitlement to allotment.
Headnote:
Land Acquisition - Allotment of Residential Plots - Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 - Section 4, Section 6 - The court discussed the applicability of the Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 and the guidelines framed by the Deputy Housing Commissioner, Delhi Administration in 1963. The court also considered the notification issued under Section 4 and the declaration under Section 6 of the Land Acquisition Act pertaining to the acquired land. The court highlighted the issue of discrimination in allotment and the influence of CBI investigation on the decision-making process of the Delhi Development Authority (DDA). The court ultimately directed DDA to proceed with the allotment at current pre-determined rates for certain petitioners.
Fact of the Case:
The petitioners sought mandamus to direct the Delhi Development Authority (DDA) to allot residential plots in South Delhi as per the 1961 scheme, applicable at the time of land acquisition. The acquired land was notified for acquisition under Section 4 and a declaration was issued under Section 6 of the Land Acquisition Act. The petitioners alleged discrimination and insisted on the right to be allotted a plot in South Delhi.
Finding of the Court:
The court found that the DDA's decision-making process was influenced by the CBI investigation, and the petitioners' insistence on being allotted plots in a specific area affected the allotment process. The court directed DDA to proceed with the allotment at current pre-determined rates for certain petitioners.
Issues: The issues involved discrimination in allotment, influence of CBI investigation on DDA's decision-making, and the petitioners' insistence on a specific plot location.
Ratio Decidendi: The court held that the DDA was not at fault in the allotment process and that the petitioners' insistence on a specific plot location affected their entitlement to allotment. The court also emphasized that the premium to be charged for allotment should be as per the date of allotment.
Final Decision: The writ petition was disposed of, with the court directing DDA to proceed with the allotment at current pre-determined rates for certain petitioners. No costs were awarded.
( 1 ) PETITIONERS being six in number have filed the present petition praying that mandamus be issued to the DDA directing it to allot plots as per Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961, as applicable on the date when lands of the petitioners were acquired. Allotment should be in South Delhi. Rates applicable would be the one as on 2. 6. 1982, when lands of the petitioners were acquired.
( 2 ) PETITIONER No. 1 purchased 10 biswas of land in village Rangpur by and under sale deed dated 2. 9. 1981. Petitioner No. 2 likewise purchased 10 biswas of land in same village by the sale deed dated 2. 9. 1981. Petitioner No. 3 purchased 11 biswas of land in same village by sale deed dated 2. 9. 1981. Petitioner Nos. 4, 5 and 6 also purchased 11 biswas of land each in the same village by sale deeds dated 2. 9. 1981.
( 3 ) ON 19. 2. 1982 a notification was issued under Section 4 of the Land acquisition Act notifying that certain lands were likely to be acquired. Land purchased by the petitioners were notified for acquisition. It is interesting to note that only 4 bighas and 16 biswas of land notified as being likely to be acquired under notification dated 19. 2. 1982. Total land of the petitioners comes to 3 bighas and 4 biswas.
( 4 ) ON 2. 6. 1981, declaration under Section 6 of the Land Acquisition Act pertaining to the aforesaid land was issued.
( 5 ) THE Award was published, compensation was assessed. Petitioners received the compensation. Acquired land vested in the Government.
( 6 ) THERE was a policy of the Government framed in the year 1961, called the Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961. As per said policy, persons whose lands were acquired for the purposes of planned development of Delhi were entitled to be allotted residential plots on pre-determined rates. On 18. 10. 1963, the Deputy Housing Commissioner, delhi Administration framed certain guidelines pertaining to individuals whose lands falling in the area covered by the Delhi Development Authority s residential Scheme West of Safdarjung were acquired. Petitioners seek benefit of the aforesaid office order dated 18. 10. 1963.
( 7 ) IN the year, 1983, petitioners submitted applications to the Land and building Department, Government of Delhi for allotment of a residential plot. In the year, 1985-1986, on various dates, petitioners received intimation from the Land and Building Department, Delhi Government that DDA was directed to allot alternative residential plot to them. It was indicated that the plot size would be 200/220 sq. yds. It is stated by the petitioners that recommendation of the Land and Building Department to DDA was to allot plots in South Delhi as their acquired land fell in the South Zone. Petitioners were informed by DDA that since plots in South Delhi were not available, they would be allotted plots in West Zone.
( 8 ) IT is stated by the petitioners that since letter of DDA intimating to the petitioners that they would be considered for allotment of a residential plot in west Zone required petitioners to give consent and deposit Rs. 3,000/-, petitioners deposited the sum of Rs. 3,000/ -. However, petitioners said that this was not in derogation of their right to be alloted of plot in South Zone.
( 9 ) PETITIONERS learned that at draw of lots held on on 24. 6. 1986,158 persons junior to them were allotted plots. At a draw held on 15. 7. 1986,26 junior person were allotted plots and at a draw held on 19. 8. 1986, 92 junior persons were allotted plots.
( 10 ) ALLEGING discrimination and a right to be allotted a plot in South Delhi, present petition was filed by the petitioners in the year, 1987.
( 11 ) RESPONSE of DDA by way of a short affidavit is that only petitioner nos. 1, 2 and 4 deposited the sum of Rs. 3000/- demanded by DDA vide letter dated 5. 6. 1986. Other petitioners did not deposit the amount. A complaint was teceived of Benami transaction. Matt
