UDEY RAJ GIRI Vs. UNION OF INDIA
LAWS(DLH)-1983-4-13
HIGH COURT OF DELHI
Decided on April 22,1983

UDEY RAJ GIN Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Prakash Narain, C.J. - (1.)This judgment will dispose of these two writ petitions in which the question of law that arises for consideration is identical.
(2.)The petitioner in Civil Writ No. 612 of 1982 was the owner of a plot of land measuring 119 sq. yds. situated in village Karkar Doma, Shahdara, Delhi. This land was covered by a notification issued under Section 4 of the Land Acquisition Act, 1894, on 13/11/1959. It was finally acquired after the making of an Award No. 54A of 1970-71, given by the Land Acquisition Collector in 1971. The petitioner received compensation. There after the petitioner coming to know of a scheme for allotment of urban land for construction of houses with regard to persons whose homestead land had been acquired, moved the Delhi Administration for allotment of a plot of land. After some verification and giving of necessary declarations etc., the petitioner was allotted plot No. 26 in Block B of Jhilmil, Phase II, Delhi by a memorandum dated 15/9/1980. He was also directed to deposit necessary charges in this regard. The petitioner made the deposit and has been waiting for a lease-deed to be executed in his favour though possession of the allotted land had been given earlier. The lease-deed was not being executed in petitioner's favour and surprisingly enough he received a copy of a communication dated 30/12/1981 addressed by Delhi Administration to Delhi Development Authority withdrawing the recommendation made earlier by the Delhi Administration for allotment of a plot to the petitioner in consequence of which recommendation the aforesaid plot had been allotted. The reason for withdrawing the recommendation, as given in the said communication is that the petitioner purchased his acquired plot subsequent to the notification under Section 4 dated 13/11/1959. The petitioner challenges cancellation of allotment on this ground by contending that he was rightly allotted land and, in any case, the cancellation has been done without affording him any reasonable opportunity of hearing.
(3.)The petitioner in Civil Writ No. 591 of 1982 has the identical problem. Udey Raj Giri was the owner of a plot of land measuring 207 sq. yds., meant for construction of a residential house, in village Karkar Doma, Shahdara, Delhi. This land was also covered by the aforesaid notification under Section 4 of the Land Acquisition Act issued on 13/11/1959. The petitioner's land stood acquired consequent to the giving of Award No. 54A of 1970-71. He had also moved the Delhi Administration and, on a recommendation from Delhi Administration, had been allotted by Delhi Development Authority plot No. 12 Block-B measuring 122.47 sq. meters in Jhilmil Phase II. This allotment has been cancelled by virtue of a communication dated 29/9/1981 and re-entry has been threatened. No specific reason for cancellation is given in the impugned communication dated September 29, 1981 but it is admitted by the respondents in their counter affidavit that the reason is the same, viz. that Udey Raj Giri had purchased his acquired plot subsequent to the Section 4 Notification of 1959.
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