Satpal Singh v. Govt. Of NCT Of Delhi

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4329/2014 SATPAL SINGH ..... Petitioner Through Mr. Devesh Pratap Singh for Mr. N.S.

Dalal, Adv.

versus GOVT. OF NCT OF DELHI ..... Respondent Through Mr. Siddharth Panda, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 31.08.2016 The petitioner is aggrieved by the letter of rejection which had been issued on 23.06.2014 vide which his application seeking allotment of an alternate plot had been rejected. This letter communicated to the petitioner that he has still 10 bighas of land left with him; since its entire land has not been acquired, in view of the judgment of the Apex Court in Delhi Administration Vs. Jai Singh Kanwar in C.A. No.8289/2010 delivered on 14.09.2011, the case of the petitioner for allotment of an alternate plot is accordingly rejected. The petitioner is aggrieved by this finding. His submission that as on date, he has no land left with him. His entire land has been acquired. He has drawn attention of this Court to the communicated of the Tehsildar which had been sent by the Tehsildar, Narela to the petitioner on 22.09.

2015 (page 24 of the paper book).

the whole khata of the applicant in Award No.19/1997-98, khasra No.15/26 (0-6) in the Award No.28/2003-04 and khasra No. 23/6/1 (0-12) in the Award No.1214/09/12/1961 stood acquired. Contention of the petitioner is that this document of the Department clearly shows that his land has been acquired in its entirety. The averments in the writ petition disclose that an Award No. 19/1997-98 of Village Shahpur Garhi was announced where the land of the petitioner was acquired; he was issued a certificate of payment on 25.12.1999. He had applied for allotment of an alternate plot in the same year i.e. 1999. This is clearly averred in the writ petition. It has further been averred that in June, 2014, he received a communication that his application seeking allotment of an alternate plot had been rejected. This being a wrong finding, the petitioner had made an application to the Department informing them that their statement that 10 biswas of land is still left with is incorrect; the same had also been acquired vide Award No. 1214.

Counter affidavit has been filed by the respondent. It has disputed this contention. His contention is that the entire land of the petitioner was not acquired vide Award No. 19/1997-98; 10 biswas of land still remained with the petitioner.

Record of the Department has also been placed on record and this shows that in khasra No. 6/2, out of total land of 4 bigha and 14 biswas, 4 bigha and 4 biswas had been acquired. This document has been placed on record. The communication dated 22.09.2015 also clearly shows that in khasra No. 6/2, the petitioner had 4 bigha and 14 biswas of land. Record of the Department (perused by this Court)

shows that in khasra No. 6/2, only 4 bigha and 4 biswas had been acquired meaning thereby that by Award No. 19/1997-98, 10 bigha of land still remained with the petitioner.

Candid queries have been put to the learned counsel for the petitioner. His submission is largely founded on the communication dated 22.09.2015. This communication dated 22.09.2015 which is a letter addressed by the Tehsildar to the petitioner clearly shows that there were three Awards which were made qua the land of the petitioner. They were (a) Award No. 1214/09/12/1961, (b) Award No.19/1997-98 and (c) Award No. 28/2003-04.

Meaning thereby that the last Award passed qua the land of the petitioner was in the year 2003-04 and as such the submission of the Department is clearly substantiated that at the time of passing of the second Award i.e. 19/1997-98, some land still remained with the petitioner which may have subsequently been acquired vide Award No. 28/2003-04.

The application of the petitioner which he had made for allotment of an alternate plot was in the year 1999. This is clearly averred in the writ petition. The letter of rejection was founded upon this letter of 1999. Record qua the year 1999 had been perused i.e. at the time when the rejection letter dated 23.06.2014 had been issued. This rejection was wholly within the parameters of the record of the Department and as on the date when the application was made by the petitioner (in the year 1999) at that point of time, he had 10 biswas of

land still with him.

At the cost of repetition, this part of the record has also been seen. Award No. 19/1997-98 clearly shows that in khasra No. 6/2, only 4 bigha and 4 biswas of land had been acquired. The judgment of Jai Singh Kanwar is wholly applicable to the facts of the present case. Para 6 of the said judgment reads herein as under:- "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 own a house / residential plot / flat will be entitled to apply."

Since the entire land of the petitioner has not been acquired, the letter of rejection suffers from no infirmity. Petition is without any merit. Dismissed.

INDERMEET KAUR, J AUGUST 31, 2016