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2008 Supreme(Del) 453

S.MURALIDHAR, SUDERSHAN KUMAR MISRA
Jai Singh Kanwar – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.K. Singh and Vimal Dubey, Advs.
For Respondents/Defendant: Monica Garg, Adv. for R-1, Arun Birbal, Adv. for R-2 and 4/L and B and Pawan Mathur, Adv. for R-3/DDA

JUDGMENT

S. Muralidhar, J.

1. This petition under Article 226 of the Constitution of India seeks a direction to the Respondents to allot an alternative plot of appropriate size at the rates prevailing on 4th December 1985 in lieu of the land acquired by the respondents for the planned development of Delhi. It raises significant questions concerning the interpretation of the policy of the Government of India for allotment of alternative plots in light of the changes announced to it from time to time and the judgments of this Court.

Facts of the case

1. The facts leading to the filing of the petition are that Shri Chajju Singh, the grandfather of the Petitioner, was the recorded owner of 24 bighas and 16 bids was of land located at village Babarpur, Shahdara, Delhi. On 13th November 1959 a notification was issued under Section 4 of the Land Acquisition Act, 1954 (LA Act) for acquisition of the several lands which included the said land. Thereafter, following a Notification under Section 6 LA Act, an award was passed on 24th November 1969. Pursuant to the award, when the authorities sought to take possession of the land, some of the land owners filed Civil Writ Petition No. 1293 of 196







































































































































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