Delhi High Court
Man Singh vs Dda And Anr on 8 February, 2012
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6036/2010 and CMs 2776/2011, 19946/2011
Decided on: 8th February, 2012
IN THE MATTER OF
MAN SINGH ..... Petitioner
Through: Mr. L.C. Chechi, Advocate
versus
DDA AND ANR ..... Respondents
Through: Dr. Indra Pratap Singh, Advocate for R-
1/DDA.
Ms. Rachna Srivastava, Advocate with
Ms. Ranchi Daga, Advocate for R-2/GNCTD.
Mr. Multan Singh, Advocate for the applicant in
CM 2776/2011
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI
HIMA KOHLI, J. (Oral)
1. The present petition is filed by the petitioner praying inter alia
for issuance of a writ of mandamus to the respondent No.1/DDA directing it
to release plot No.A-76, Kalkaji Extension, New Delhi, in favour of the legal
heirs of Shri Sadhu Singh, who had expired in the year 1987, while leaving
behind him nine legal heirs including the petitioner herein.
2. Counsel for the petitioner states that the names of the legal
heirs of the deceased, Shri Sadhu Singh have been mentioned in para 5 of
the writ petition. However, due to an inadvertent omission, the name of one
of the legal heirs, namely, Shri Sukhdev Singh was left out though he was
also a co-beneficiary of the plot. It is further stated that the said Shri
Sukhdev Singh expired on 12.10.2003 and is survived by six legal heirs as
mentioned in para 7 of CM 2776/2011 filed by the said legal heirs praying
inter alia for impleadment in the present proceedings, to which the petitioner
does not have any objection.
3. Notice was issued on the present petition vide order dated
07.09.2010, whereafter respondent No.1/DDA and respondent No.2/Govt. of
NCT of Delhi have filed their counter affidavits. Counsel for respondent
No.2/Govt. of NCT of Delhi states that no relief has been claimed by the
petitioner against the Govt. of NCT of Delhi. Counsel for respondent
No.1/DDA states that land bearing Khasra No.440 measuring 11 bigha 14
biswas situated in village Kilokari was acquired on 19.12.1963 vide Award
No.1651 and the said land was placed at the disposal of the DDA on
3.1.1968. It is further stated that another parcel of land bearing Khasra
No.441 measuring 5 bigha 5 biswas was acquired through Award No.10/83-
84 and possession thereof was handed over to DDA on 19.08.1997. The
balance land in the aforesaid Khasra No.441, measuring (0-4) belonging to
late Sh. Sadhu Singh, has not been handed over to DDA as there exists
construction thereon and resultantly, alternative allotment of plot could not
be made in his favour.
4. Counsel for the petitioners states that during the pendency of
the present petition, one of the legal heirs of the deceased petitioner,
namely, Shri Kirpal Singh had submitted an application to respondent
No.1/DDA, under the Right to Information Act, for information pertaining to
the allotment of alternative plot in Kalkaji Extension and in reply thereto,
respondent No.1/DDA had forwarded him a letter dated 03.08.2011, wherein
the said applicant was informed that he may approach the Land Acquisition
Collector (South), Land & Building Department, Government of NCT of Delhi
for the purpose of handing over possession of the subject land to the DDA
and that only thereafter, could the DDA take steps to hand over plot No.A-
76, measuring 198 sq. yards in Kalkaji Extension to the successors of Late
Sh.Sadhu Singh. It is stated by the learned counsel that upon receiving the
aforesaid reply, Shri Kirpal Singh had approached the land Acquisition
Collector with a representation dated 27.09.2011, requesting the
Department to take over possession of the subject land, which as per the
applicant, is lying vacant.
5. In view of the above correspondence, it is clear that it is for the
petitioner and the remaining legal heirs of Late Shri Sadhu Singh to
approach the Land Acquisition Collector with a request for taking over
possession of the subject land situated in village Kilokari. It is only after the
possession is taken over by the Land Acquisition Collector, can the petitioner
and the remaining legal heirs of the deceased Shri Sadhu Singh claim
entitlement to the plot in question bearing No.A-76, Kalkaji Extension as
mentioned in the letter dated 03.08.2011 (Annexure P-1 to CM
19946/2011), as an alternative allotment in lieu of their acquired land.
6. The present petition is accordingly disposed of with liberty
granted to the petitioner and the remaining legal heirs of the deceased, Shri
Sadhu Singh, to approach the Land Acquisition Collector with their
grievances and to pursue their remedies before the said Department as per
law. If the Land Acquisition Collector accedes to their request and takes over
possession of the subject land under their occupation, they may approach
respondent No.1/DDA thereafter for allotment of the subject plot in their
favour as legal heirs of deceased Sh.Sadhu Singh. As and when the
petitioner and the remaining legal heirs of deceased Shri Sadhu Singh
approach respondent No.1/DDA with adequate proof of having handed over
possession of the subject land under their occupation to the Land Acquisition
Collector, respondent No.1/DDA shall consider and process their applications
in terms of its letter dated 03.08.2011(Annexure P-1 to CM 19946/2011).
7. The petition is disposed of alongwith the pending applications.
(HIMA KOHLI)
FEBRUARY 8, 2012 JUDGE
rkb/sk
