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2012 Supreme(Del) 2484

A.K.SIKRI, RAJIV SAHAI ENDLAW
Govt. of NCT of Delhi – Appellant
Versus
Jagdish Singh – Respondent


For the Appellant :Mr. Arun Birbal, Advocate, For the Respondent:Mr. S.K. Rungta, Sr. Advocate with Mr. Prashant Singh and Ms. Neha Tanwar, Advocates

JUDGMENT :

A.K. Sikri, J.

1. Vide impugned judgment dated 23.2.2011 rendered by the learned Single Judge in writ petition filed by the respondent herein, the petition has been allowed setting aside the decision of the Committee on allotment of alternative plots dated 31.8.1999 rejecting the respondent's claim for an alternative plot with direction to consider the case afresh in the light of the observations made by the learned Single Judge. That order is in challenge in the present intra-Court appeal. The factual matrix leading to the present appeal is as under:

The Delhi Development Authority (hereinafter referred to as 'DDA') had framed a scheme for allotment of alternative plots for those persons whose lands were acquired. This scheme is dated 02.5.1961 (hereinafter referred to as 1961 Scheme'). The 1961 Scheme inter alia contemplated that land may be allotted at pre-determined rates, viz., at the cost of acquisition and development plus the additional charges mentioned in the scheme, to individuals whose land has been acquired as a result of the Chief Commissioner's notifications dated 17.7.1959, 03.9.1957, 13.11.1959 and 10.11.1960 or other such notifications with a view to rehab














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