Policy allows allotment of plots only to those without a residence; ownership of property outside Delhi doesn't disqualify an applicant.

HON’BLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J. (ORAL)

1. Issue notice. Mr. Sanjay Vashishta, learned counsel, accepts notice on behalf of respondent No. 1. Mr. Sunil Kumar Jha, learned counsel, accepts notice on behalf of respondent Nos. 2 and 3.

2. The petitioner challenges an order of the Government of the National Capital Territory of Delhi [“GNCTD”] dated 21.09.2021, by which his application for allotment of an alternative plot in lieu of Signature Not Verified Signed By:UMANG W.P.(C) 12669/2025 Page 1 of 6 acquired land has been rejected.

3. The impugned order dated 21.09.2021 reads as follows:-

“Whereas, an application has been received from Sh, Paras Ram S/o Ram Narain, R/o 3D-158, Ward No. 5, NIT Faridabad, Haryana- 121001 on 17.05.2000 for allotment of alternate plot as per Government policy in lieu of acquisition of land of village Sahibabad Daulatpur vide Award No. 1/98-99.

Whereas, Committee observed that the application/file was transferred from Land and Building Department to District North vide letter no. F.33(28)/13/2000/L&B/Alt/9707-09 dated 13.12.19. Further, Deficiency notice no. F.33(28)/13/2000/L&B/Alt/853 dated 04.11.2020 was issued to the applicant to submit the requisite documents. Further, an opportunity of personal hearing was also provided to the applicant on 25.03.2021.

Whereas, Recommendation committee observed that the applicant submitted the copy of ownership proof/ sale deed of property "3D- 158, Ward No. 5, NIT Faridabad, Haryana" which is in the name of his wards, Sh. Sanjay Kumar Gocl, Shiv Shankar Goel and Rajesh Goel Whereas, the Recommendation committee observed that the applicant's sons owns a house/residential plot/ flat out of village abadi in his/her owners/occupants name or in the name of his wife/ husband or any of his/her dependent relations including unmarried children, nor he should be a member of any Co-operative Housing Society”.

Whereas, the Hon'ble Supreme Court in the judgement in Civil Appeal No. 8289/2010, 82907010 of Delhi Development Authority V/s Jai Singh Kanwarhas held that “the object of the scheme is that when the land owned by a person is taken away in entirety and he is left without any house or plot, he should be allotted a plot. The Scheme therefore provided that only a person who does not owners/occupants a house/residential plot/flat will be entitled to apply.”

Whereas, the Hon’ble High Court of Delhi in WPC no. 12306/15 titled as Surinder Singh Mann Vs. Govt. of NCT of Delhi decided on 25.08.2017 that “The Policy of the Government as is evident from the scheme was to provide residential plots to farmers whose land has been acquired: it was a rehabilitative measure: meaning thereby that it was to rehabilitate those farmers whose land has been acquired as they has become homeless or landless. In the instant case, the land of the petitioner has been acquired: yet before his allotment could be Signature Not Verified Signed By:UMANG W.P.(C) 12669/2025 Page 2 of 6 processed, the wife of the petitioner has acquired a property in her owners/occupants name meaning thereby that clause 3 (highlighted supra) created a hurdle in the case of the petitioner and since his wife already owned a plot in her name on the date when the allotment was to be issued, the petitioner was not entitled to an alternative plot. It is also not the case of the petitioner that his wife was not dependent on him.

Whereas as per legal opinion received from Land & Building Department, it is evident that “In view of the interpretation of scheme of 1961 by the various judgments of Delhi High Court on the basis of full bench judgment of Apex Court in the case of Delhi Development Authority Vs. Jai Singh Kanwar in Civil Appeal No. 8289 of 2010