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2016 Supreme(Del) 169

SURESH KAIT
RAJINDER PAL MALIK – Appellant
Versus
VICE CHAIRMAN, DDA – Respondent


Advocates Appeared:
Dr. Jose P. Verghese and Mr. Jawahar Singh, Advocates.
Mr. Dhanesh Relan, Standing Counsel.

JUDGMENT :

SURESH KAIT, J.

1. Vide the present petition; petitioner seeks directions thereby directing the Delhi Development Authority (‘DDA’) to hand over the possession of a piece of land within the stipulated period as the petitioner was fully covered under the Gadgil Assurance Scheme (‘GAS’) and consequently, DDA may be directed to allot ‘B’ Type Govt. land to the petitioner.

2. The case of the petitioner is that he is 76 years old, who had been migrated from Pakistan after the partition of India. He had filed a Writ Petition being CWP No.1588/1984 stating therein that he was fully covered under the GAS and since he was entitled for allotment of ‘B’ Type Govt. land pursuant to Khosla Award, he made an application on 26.11.1980. However, no allotment made so far.

3. Initially, respondent/DDA resisted the claim of the petitioner, evertheless, it had agreed before this Court to consider the case of the petitioner for allotment of land under category ‘B’. Accordingly, the said petition was disposed of vide order dated 18.09.2001 with a direction to DDA that it will be bound to treat the petitioner for allotment under category ‘B’ in consonance with the GAS contained in resolution N



































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