- (1.) IN compliance of the order dated 10.12.2013, learned Counsel for Union of India has produced the relevant record.
(2.) HEARD Mr.Prashant Chandra, Senior Advocate duly assisted by Mr.Shashank Dhaon, learned Counsel for the petitioner and Mr.Sharad K. Srivastava, learned Counsel for Union of India and perused the record produced by the learned Counsel for the opposite parties.
(3.) BY means of instant writ petition, the petitioner prays for quashing the impugned order dated 28.7.1999 passed by the Director General, Defence Estate, New Delhi, contained in Annexure No.16 to the writ petition. Brief facts of the present case are that in the year 1971, the opposite parties acquired house No.23, Kasturba Gandhi Marg, Lucknow and the land appurtenant to it, for which the petitioner's mother was paid a paltry compensation of Rs.33,000/ -. Thereafter, the opposite parties constructed flats/houses for Defence Service Officers. Later on, pursuant to the request made by the petitioner's mother on 12.10.1979, a plot measuring 500 sq. yard in S.No.249 was allotted on payment of Rs.6,384.40 being 50% of the market value. The said offer was made in light of the Scheme framed by the Government of India and in response to the said offer, the petitioner's mother Mrs.Raj Bans Kaur had made a request for allotment of the said plot on 16.4.1982 and the said letter was followed by a reminder dated 16.9.1982. Though she approached various authorities, no one had taken action for six years. After lapse of more than six years, the Defence Estate Officer vide his letter dated 23.2.1988 informed her to furnish an affidavit that she did not possess any land or residential house in any of the urban areas coming within the purview of the U.P. Urban Land Ceiling Act, 1976 and that land, if any, held by her was not in excess of limits imposed by the Ceiling Act. The said letter categorically reiterates that in pursuance of the existing Government Policy, a plot of 500 sq. yards was to be allotted to the petitioner's mother on freehold basis at 50% of market value. Pursuant to this letter, necessary affidavit was filed on 11.3.1988 whereafter she kept pursuing the authorities regularly but to no avail. After more than five years, the Defence Estate Officer of Lucknow Circle woke up from his deep slumber and sent a letter dated 19.7.1993, addressed to the petitioner's mother soliciting some more information akin to the information already submitted by the petitioner's mother.;