TASH PAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is the petitioner's second round of litigation. Petitioner, whose land has been acquired by the Delhi Administration, claimed allottment of a plot in lieu thereof under the scheme of the respondent.

(2.) Petitioner had purchased 5 biswas of land at village Bahapur by Sale Deed dated 27.11.1958, which was the subject matter of acquisition. The notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act) was issued on 13.11.1959. The Sale Deed was registered subsequent thereto on 30.12.1959.

(3.) Petitioner's claim is sought to be rejected by the respondent on the ground that on the date of the Notification under Section 4 of the Act, he was not the recorded owner and hence was not eligible under the guide-lines and scheme. Counter affidavit is stated to have been filed by the respondent. Rejoinder filed by the petitioner is on record. Respondent failed to remove objections and counter affidavit had not been placed on record. Mr-Poddar has handed over a copy of the counter affidavit during the course of proceedings, which is taken on record.