An individual who purchases land after the issuance of a notification under S. 4 of the Land Acquisition Act, 1894, is not entitled to an alternative plot under the scheme of large scale acquisition, development and disposal of land in Delhi, 1961.

( 1 ) THIS petition and others were heard together and these should be disposed of by a common order as the point raised is the same.

( 2 ) THIS petition is directed against the order of Deputy Director (Allotment), Delhi Administration, informing the petitioner that his request of allotment of an alternative plot under the scheme of a large scale acquisition, development and disposal of land in Delhi, 1961 cannot be acceded to. The facts are that one Damomal was the owner of agricultural land measuring 62 bighas two biswas. The said land was the subject matter of a notification under S. 4 of the Land Acquisition Act, Dt. 23rd Jan. , 1965. Section 6 notification was issued on 13-1-1969. The petitioner purchased 1/8th share in the 62 bighas 2 biswas from the Vendor Damomal by means of a registered sale deed dt. 21st May, 1973. Award with respect to the land was made on 31st Jan. 1983 and the possession of the same was taken on 4th Mar. 1983. The petitioner received compensation of his l/16th share in April, 1983.

( 3 ) THE Delhi Administration has issued a Scheme of allotment of alternative plot under the Scheme of Large Scale Acquisition and Development and Disposal of land in Delhi in 1961. The relevant features of the Scheme which calls for discussion is to be found in para 8 reproduced below ;

"8 As a general policy disposal of developed land should be made by auction and the premium should be determined by the highest bid, except in the following cases where land may be allotted at pre-determined rates namely, the cost of acquisition and development plus the additional charges mentioned in sub-paragraph (7) above. (i) to individuals whose land has been acquired as a result of the Chief Commissioner s notification dt. the 7th Mar. 1957, the 3rd Sept. 1957, the 13th Nov. 1959, and the 10th Nov. 1960 or other such subsequent notifications provided that this concession will not be available in the case of individuals affected by the notification dt. 7th Mar. 1957 and the 3rd Sept. , 1957, if the acquisition proceedings have been completed and payment made or deposited in the Court by the 1st Jan. , 1961. In these cases. . . . . "the petitioner s request for alternative allotment has been rejected on the ground that he had purchased the land which was already notified under S. 4 issued on 21st Jan. 1968. This is the grievance which has brought the petitioner to this Court. The petitioner s counsel s main reliance is on the two judgments given by Division Bench of this Court in Udai Raj Giri v. Union of India, Civil Writ Petn. No. 591/82 decided on 22nd April, 1983 which was followed in "vinod Kumar Khanna v. Union of India" Civil Writ Petn. No. 175/84 decided on 7th August, 1984. The view expressed in the said Division Bench judgment is that para 8 gives a right to the individuals whose lands have been acquired as a result of the notification and there is no bar that if any person buys land subsequent to the date of notification under S. 4 but prior to the acquisition as a result of the said notification he would not be eligible. We have gone through the judgment. With very great respect we find ourselves unable to subscribe to the view subscribed therein. There is no discussion in the said judgments as to how an individual who. was not an owner on the date of the notification under S. 4 is held to be eligible. A reference to para 8 will show that eligibility is given to individuals whose land has been acquired as a result of the notification issued under S. 4. No doubt, eligibility cannot arise till the land is acquired. That means that even if after Ss. 4 and 6 notifications the Government was to give up acquisition by issue of a notification u/s. 48 of the Act the individual owner will not be entitled to alternative land. But the notification is clear that it is only an individual whose land has been acquired as a result of notification that can ask for an alternative accommodation. Admittedly, the petitio