JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]

1. This is a civil writ petition under Article 226/227 of the Constitution of India inter alia seeking the following prayers:-

“A) A Writ in the nature of Mandamus inter-alia quashing the order dated 28 March 2023 passed by the Respondent No. 4 whereby the Application for allotment of alternate plot has been rejected on frivolous, arbitrary and baseless grounds and without affording proper reasons;

B) An appropriate writ in the nature of Mandamus inter- alia directing the Respondents No.2 and 3 to allot a plot admeasuring minimum area of 40 sq. yards within an urban area in the Municipal limits of South Delhi, in terms of the Scheme of allotment of alternative plots in lieu of acquired land under large scale acquisition development & disposal of land in Delhi announced by Govt. of India, Ministry of Home Affairs vide their letter no.37/16/60-

delhi (i) dated 02 may, 1961;…”

2. The case of the petitioner is that the petitioner had purchased the land admeasuring 1 Bigha (1000 sq. yds) bearing Khasra No. 18/17/1(0- 8) and 18/16/2(0-12) situated at Village Pochan Pur, Delhi on 28.11.1986. On 13.12.2001, the notification under Section 4 of the Land Acquisition Act, 1894 was issued by the Land and Building Department, Delhi and followed by the notification under Section 6 of the Land Acquisition Act, 1894 on 07.12.2002.

3. In terms of the policy of the respondent, the petitioner had submitted an application to respondent no.3 on 12.06.2003 for allotment of an alternative plot in lieu of the acquisition of the said land. On the aforesaid application, after having scrutinized, respondent no.3 by its letter dated 19.12.2013 had sought certain documents for clarification of doubts within 15 days of the receipt of such letter. The response was sent by the petitioner belatedly to respondent no.3 on the account of the demise of father of the petitioner.

4. In the interregnum, on the refusal of respondent no.3 from considering the application, the petitioner had approached this Court by way of a Writ Petition (Civil) No. 10579/2015 whereby this Court had allowed the aforesaid writ petition and directed the respondent no.3 to reconsider the petitioner’s application on merits for allotment of the alternative plot. Consequent thereto at the meeting held on 14.06.2018, the Recommendation Committee of respondent no.3 recommended an allotment of alternative plot for a size of 40 Sq. Yds. to the petitioner and further placed the same for approval of the Competent Authority.

5. Since the matter was getting delayed and not being resolved by the respondent, the petitioner was constrained to file another writ petition bearing W.P.(C) 1879/2022 whereby this Court had directed the respondent no.4 i.e. the District Task Force, District South West, Delhi to consider the application of the petitioner and pass appropriate orders.

6. Subsequently by the impugned order dated 31.03.2023, the application seeking allotment of alternative plot was rejected by the respondent No.4.

7. The present writ petition is filed by the petitioner challenging the said impugned order.

8. Learned counsel appearing for the petitioner submits that admittedly the respondents had acquired his land covered by the aforesaid khasra numbers in lieu of which the petitioner was entitled to an alternative plot of land as per the policy letter, subject to fulfillment of certain criteria laid down by the Government.

9. By referring to the policy of the alternative plots carved out by the respondents, learned counsel invites attention to Clause 3 of the Eligibility Condition, according to which, such applicants should file an affidavit with the respondents disclosing that they do not own a house/residential plot/flat out of village abadi in his/her dependant relation’s name including unmarried children, nor should he be a member of any Co-operative Housing Society. Learned counsel submits that the petitioner