Raghubir Singh vs Secretary Land And Building

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4770

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Raghubir Singh – Appellant
Versus
Secretary Land And Building – Respondent

Advocates appeared:
Mr. Lalit Kumar Yadav and Mr. Prasoon Kumar, Advocates, for the Appellant.
Mr. Rajneesh Sharma and Mr. Siddharth Panda, Advocates, for the Respondent.

JUDGMENT

Subramonium Prasad, J. Aggrieved by the Judgment dated 19.09.2022 passed by the learned Single Judge in W.P.(C) 3485/2017, the writ petitioner has filed the instant LPA before this Court.

2. Shorn of details, facts leading to the filing of the instant LPA have been summarised as under:

a) The land of the Appellant was acquired in village Kakrola vide notification dated 02.04.1993 under Section 4 of the Land Acquisition Act, 1894 and the possession of the land was taken over. The compensation was paid to the Appellant on 16.06.1999. The application for allotment of alternative land was submitted by the Appellant. The application of the Appellant was considered by the Committee on 27.12.2012, and application of the Appellant was rejected on the ground that the Appellant was having 1/7th share against acquired land of 4 bighas and 12 biswas, which is less than 1 bigha, and therefore, as per the policy, the Appellant did not fulfil the requirement for consideration for allotment of alternative land in lieu of acquired land. This decision of the Committee was conveyed to the Appellant vide office letter dated 06.02.2013.

b) Thereafter, all the surviving members then relinquished