C. HARI SHANKAR, J.

1. The petitioner, whose land was compulsorily acquired, in 1992, under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as "the Land Acquisition Act"), is, as per the information stated to be available on the website of the Delhi Development Authority (DDA), being allotted an alternative plot in Narela. Prior thereto, however, the petitioner had, in 1992 itself, been paid compensation, in lieu of the said acquisition of his land, as per the statutory mandate of the Land Acquisition Act. By this writ petition, the petitioner prays that the DDA be directed to allot him an alternative plot, measuring 250 square yards, at Dwarka, instead of Narela, "at the rate commensurate with the rate at which the petitioners land was acquired". In other words, the petitioner's grievance is directed against (i) the rate at which the alternative plot is being allotted to him, and (ii) the situs/location of the alternative plot, with the petitioner asserting that he is entitled to an alternative plot at Dwarka, rather than at Narela.

2. The two questions which arise for consideration, before this Court, in this writ petition are, therefore, clearly, capable of delineation thus:

(i) Is the petitioner entitled to claim that the rate, charged from him for the alternative plot, must be "commensurate with the rate at which the petitioners land was acquired"?

(ii) Is the petitioner entitled to an alternative plot at Dwarka, instead of Narela?

3. With the above prefatory background, I proceed to allude, in some more detail, to the relevant facts.

The Facts and Rival Submissions

4. Possession of the petitioner's land was taken over, by the DDA, on 26th August, 1992, and Award No 1/93-94 was passed, acquiring the said land, on 2nd April, 1993. Against such acquisition, the petitioner was paid compensation of Rs. 59 lakhs, i.e. at the rate of Rs. 225 per square yard. There is no dispute about the fact that the said compensation was as per the law, and the provisions of the Land Acquisition Act.

5. In terms of the "Allotment of Alternative Plot under the Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961" (hereinafter referred to as "the 1961 Scheme") of the DDA, which was existing at the said time, the petitioner was entitled to be considered, consequent to the aforementioned acquisition, of his land, for allotment of an alternative plot. A recommendation letter, dated 31st January, 2006, was issued by the Land and Building Department, Delhi Administration, to the said effect, which reads as under:

"DELHI ADMINISTRATION, DELHI

LAND & BUILDING DEPARTMENT

VIKAS BHAWAN: NEW DELHI

No. F. 31 (50)/201/94-L & B/Alt. Dated:

To

The Commissioner (Land)

Delhi Development Authority,

Vikas Sadan, I. N. A., New Delhi.

Subject: Allotment of alternative plot under the scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961

Sir,

I am directed to request you to allot a plot measuring 250 square yards (Two Hundred Fifty Sq. Yd) to Sh. Ram Kumar, s/o Shri Ram Kishan of Village Kakrola Delhi in lieu of his/her/their acquired land bearing kh. Nos 83/24 (4-16), 25 (4-16), 90/4 (4-16), 5 (4-16), 6/1 (4-10), 6/2 (0-6), 7 (4-16), 8 (4-16), 13/2 min (1-0), 14/1 (2-8), 15 (4-16), 16 (4-16), 17/1 (2-8), 18/1 (2-1), 102/17/1 min (0- 10) total measuring 51-18 Bigha in which applicants share is i.e. 25-19 Bigha which is acquired vide Award No 1/93-94 Dated 2-4-93 of village Kakrola, Delhi in West Zone, as he/she/they has/have been found entitled for the same. The date of Possession 26-8-92.

Yours faithfully,

Dy Director (L & B)

No. F. 31 (50)/201/94-L & B/Alt./13122

Dated:31/01/2006

Copy to Sh. Ram Kumar, S/o Ram Kishan R/o Vill. & P.O. Kakrola, New Delhi. Further correspondence in the matter may please be made with the above mentioned office. The allotment of alternative plot is subject to the availability of plot with DDA. However, it may clearly be noted that this letter does not carry wit