The court ruled that the property of a Hindu Undivided Family (HUF) is collectively owned, and individual members cannot conceal ownership in affidavits for government allotments, leading to disqualification under eligibility criteria.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. The present petition has been filed under Article 226 of the Constitution of India, inter alia, seeking the following reliefs:

"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to issue:

A) a writ of a certiorari or any other appropriate writ or direction in favour of the petitioner and against the respondent thereby quashing the order dated 19th February, 2003 communicated vide letter dated 12th/31st March, 2003 bearing reference no.F.27(13)/72/LAB(R)DDA/2538

B) a writ of certiorari or any other appropriate writ or direction in favour of the petitioner and against the respondent thereby quashing the order dated 4th february, 2005 bearing reference no.F.27(13)/72/LAB(R)/128 whereby the request for restoration of allotment of alternate plot was not acceded

C) to a writ of mandamus or any other appropriate writ or direction in favour of the petitioner and against the respondent thereby directing the respondent to forthwith restore the lease of the petitioner in respect of plot no.11, block B, Malviya Nagar Extension Residential Scheme, New Delhi and to provide NOC to the petitioner to get the plans sanctioned and raise construction thereon

D) a writ of mandamus or any other appropriate writ or direction in favour of the petitioner and against the respondent thereby restraining the respondent from in any manner allotting, selling, transferring, assigning or disposing of the plot no.11, block B, Malviya Nagar Extension Residential Scheme, New Delhi in favour of anyone.

E) cost of the writ be also awarded in favour of the petitioner and against the respondents;

F) pass any other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favour of the petitioner and against the respondents."

2. The facts as narrated in the petition are as under:

(i) It is the case of the petitioner that he was allotted a 325 Sq. Yards plot at C-474, Defence Colony, New Delhi on 03.06.1952 (hereinafter referred to as "Defence Colony Property") on leasehold basis by the Ministry of Defence, Resettlement Section, Government of India on the basis that the petitioner was serving in the Indian Air Force.

(ii) The petitioner states that vide sale deed dated 10.09.1952 he purchased the one-third share in a valuable and vast track of land measuring 12 bighas and 6 biswas vide Khewat Khatoni No. 20/47, Khasra No. 352 in Jamabandi of 1950-51 in Village Yakootpur in Delhi, near the present day Kailash Colony. It is the case of the petitioner that the possession of the said plot was handed over to the petitioner on 14.11.1952.

(iii) The petitioner states to have thrown the said property situated in Defence Colony, Delhi in his Hindu Undivided Family (hereinafter referred to as "HUF") on 20.02.1962 and thereafter it were always treated as a HUF property and not an individual property.

(iv) It is the case of the petitioner that from the year 1962 onwards, the construction was completed and the premises was let out for rent in the name of HUF. The petitioner stated that from 1962 onwards the Defence Colony Property has always been assessed in the hands of HUF and ultimately the Defence Colony Property was also mutated by the Land and Development Officer (hereinafter referred to as "L&DO") in the name of the HUF on 26.10.1979.

(v) It is the case of the petitioner that a notification under Section 4 of the Land Acquisition Act, 1984 was issued on 04.02.1964 in respect of Yakootpur land belonging to the petitioner and on 18.11.1964, the notification under section 6 of the Land Acquisition Act, 1984 was made, whereunder the said land was fully acquired. On 28.04.1965, the award was made and possession was taken by the government.

(vi) The petitioner states that the Land & Building Department of Delhi Administration vide letter dated 02.12.1971 informed the petitioner that the petitioner can be leased out a f