( 1 ) THIS order shall govern the disposal of CWP Nos. 774/92, 869/92,870/92,888/92, 889/92,74/94,448/94,605/94,606/94,607/94 and CM 4119/91 in CW 3362/90 also.

( 2 ) ALL these petitions raise common questions of fact and law in the backdrop of same set of events. The pleadings are similar except for a minor difference in the case of Jagdish Lal Sharma (CWP-2258/91) which shall be noticed a little after. The arguments have been heard analogously in all these matters.

( 3 ) AT this stage it is beyond the pale of controversy that the land over which the several petitioners claim to have had their houses standing on has been subject matter of land acquisition proceedings under the provisions of Land Acquisition Act, 1894; the acquisition proceedings having achieved a finality on 19. 9. 86 with land acquisition award No. 14/86-87 having been made.

( 4 ) ACCORDING to the petitioners, they had purchased the pieces of land on which their respective houses were standing from S. K. Chopra, the owner of the land, in July, 1987. There is no title deed as such, transferring title by the erstwhile owner to the several petitioners and executed and registered in accordance with the provisions of the Transfer Property Act and the Registration Act. It appears that the erstwhile owner has executed deeds of agreement and acknowledgments reciting receipt of consideration, sworn in affidavits and appointed the respective purchasers as his general power of attorney holders in respect of the pieces of land purportedly alienated. He has also executed deeds of will appointing each of the purported purchasers as executors in respect of the respective pieces of land. The fact remains that all these transactions have taken place subsequent to the date 19. 9. 86. The persons in occupation of the land were all dispossessed on 29. 5. 90.

4. 1 According to the petitioners while they were being dispossessed, Shri J. P. Singh0 Commissioner Demolition Wing -- anofficial of the DDA, had issued chits to them alloting Janta Flats situated in. Pocket- II Hastsal Village. Jagdish Lal Sharma, the petitioner in CWP 2558/91 was allotted an LIG flat. The officials of the DDA had themselves shifted the effects of the petitioners to the respective flats allotted to them and inducted them into possession of the flats. Ever since then they are continuing in possession of the flats. Subsequently allotment-cum-demand letters have been issued to the petitioners demanding price of the flats in their occupation. They are being threatened with dispossession for non-payment of money.

4. 2 The petitioners submit that the flats were allotted to them by the DDA inlieu of their houses having been demolished and the DDA is not, therefore, justified in raising any demand for the price of the flats. They are the owners of the flats respectively in their possession and they cannot be evicted therefrom.

( 5 ) ACCORDING to the DDA the title over the land over -which the petitioners had constructed their houses had stood vested in the DDA consequent to the acquisition. On 29. 5. 90, the Land Acquisition Collector, Delhi Administration claimed the site by removing all those who were in unauthorised possession thereof, in the process of delivering vacant and physical possession to the DDA,. the land having been acquired; for the prestigious Dwarka Project of the DDA. Demolition was not carried out by the DDA. The structures were removed by the Land Acquisition Collector, Delhi Administration. It was purely on humanitarian considerations that the evacuated families were shifted to Janta Flats in Hastsal with a view toy providing shelter to them only as a temporary measure. No assurance of allotment, much less the allotment, of any flat or a particular flat was made by the DDA to any of the petitioners. However, the Lt. Governor considered the cases of the petitioners for out of turn allotment on humanitarian grounds pursuant to which decision; allotment-cum-demad letters were i