Sh. Pardeep Kumar And Anr vs Delhi Development Authority And ...
2010 Latest Caselaw 5776 Del

                                                        UNREPORTABLE


*             IN THE HIGH COURT OF DELHI AT NEW DELHI


                         W.P. (C) No.1201/2010


                                   Date of Decision: December 20, 2010


       SH. PARDEEP KUMAR AND ANR              ... Petitioner
                      through Mr.B S Maan with Mr. Jitin
                      Tewathia, Mr. Jai Prakash, Mr. Anil Maan
                      Advocates

                         Versus

       DELHI DEVELOPMENT AUTHORITY AND ORS ..... Respondents
                       through Ms. Rachna Srivastava, Advocate
                       for respondent no.2.
                       Mr. Arun Birbal, Advocate for DDA
       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

The land of the petitioner's father who has since died, which was

situated in Village Maidan Garhi was acquired under the Land

Acquisition Act in the year 1980. The owners of the land were entitled

to a plot of land in lieu of acquisition under the Scheme of Large Scale

Acquisition Disposal and development of Land in Delhi - 1961. In spite

of the Scheme, the case of the father of the petitioner was not

processed for allotment of a plot which forced him to come to this

Court by way of writ petition bearing no. 7219/2005, on which an order

dated February 27, 2006 was passed by this Court directing the Land &

WP(C) No.1201/2010 Page 1 Building Department of the Government of NCT of Delhi to initiate

action to process the application which was received way-back in the

month of November, 1987. Pursuant to the direction so passed, the

Land & Building Department vide letter dated July 13, 2006 wrote to

the Commissioner (Land/DDA) recommending the case of the

petitioner's father for allotment of a plot measuring 250 square yards.

The DDA instead of taking action on the said recommendation, wrote

back to the Land & Building Department to re-verify the case of the

petitioner's father along with 490 other cases. Since the Land &

Building Department had already sent its recommendation, it wrote

back to the DDA saying that there was no justification for

re-verification of each case, unless there was any specific point of

doubt which required re-verification. The Land and Building

Department thus approved the verification that had already been

made in the case of the father of the petitioner. The father of the

petitioner in the meanwhile died and consequently, mutation in the

name of the petitioner was done by the DDA.

It is submitted by learned counsel for the petitioner that in spite

of the fact that the land belonging to his father was acquired way-back

in the year 1980 and in spite of the fact that the DDA recommended

his case for allotment of plot on July 13, 2006, the DDA has not allotted

the plot to him while the persons who were much below in priority list

have already been allotted plots.

The learned counsel appearing for the respondent/DDA submits

that in view of the stand of the Land & Building Department of the

Government of NCT of Delhi that it has already verified the case of the

petitioner, the DDA will include his name in the 'draw of lots'.

WP(C) No.1201/2010 Page 2 It is submitted by learned counsel for the petitioner that under

the Scheme, the petitioner is entitled to a plot in 'Dwarka Residential

Scheme' and that all the persons who were junior to him have been

allotted plots in 'Dwarka Residential Scheme'.

In view of the above, I direct the DDA to include the name of the

petitioner for 'draw of lots' with respect to the 'Dwarka Residential

Scheme' within three months from now.

With this direction, the writ petition is disposed of.

REKHA SHARMA, J.

DECEMBER 20, 2010 PC.

WP(C) No.1201/2010                                                  Page 3