D.K.KAPUR, S.RANGANATHAN, S.S.CHADHA
SHIV DEVI – Appellant
Versus
LIEUTENANT GOVERNOR DELHI – Respondent
( 1 ) THIS reference to a F. B. was made by one of us (Chadha J.) because of the conflict between the judgments delivered by different Division Benches of this Court. Actually there was no conflict between the various Benches regarding the effect and meaning of the Scheme called the "large Scale Acquisition, Development and Disposal of Land in Delhi, 1961", prior to the decision recorded by a Bench consisting of Sachar J. and Wad J. in Krishan Kumar Malik vs Union of India. The view taken by the other Benches was that individuals whose land has been acquired as a result of the Chief Commissioner s notification would be entitled to be considered for allotment of an alternative plot for making a residential building in certain circumstances. The question as to who was the person entitled to the benefit would depend on the question as to whose land had been acquired eventually, i. e. if the land belonged to a when the notification u/s 4 was issued and it belonged to b when the notification u/s 6 was issuer arid it belonged to c when the land was actually acquired, then it was the last person who would be deemed to be the person whose land was acquired. On the other h
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