By an Officer Order dated 03.04.1986 issued by the Delhi Administration, Delhi, Land and Building Department, the 1961 Scheme was amended.
which was being followed earlier.
The Office Order dated 03.04.1986 is extracted hereinbelow DELHI ADMINISTATION, DELHI LAND AND BUILDING DEPARTMENT VIKAS MINAR, NEW DELHI.
The plot will be allotted by DDA on pre determined rates fixed by the Competent Authority from time to time.
As the applications submitted by the respondents lacked material particulars and were number accompanied with the relevant documents, the respondents were intimated to furnish material particulars and the relevant documents including the sale deeds by which they had purchased the land.
The High Court accepted the companytention of the petitioner and held in the impugned order that Nazul Land Rules had been made by the Central Government under clause j of sub section 2 of Section 56 read with sub section 3 of Section 22 of the Delhi Development Act, 1957 for short the Act and companyld be amended only in the manner prescribed under Section 56 read with Section 22 of the Act and by an administrative order a further companydition companyld number be stipulated under Rule 6 of the Nazul Land Rules.
In order to make applicant eligible for all allotment of alternative plot, the minimum land acquired for Planned Development of Delhi will be one bigha instead of 150 sq.
The respondents furnished the particulars and documents and on scrutiny, it was found that the respondents had purchased the land in the years 1982 and 1983.
37 32 /1/12 Dated 3rd April 86 Office Order In supersession of and previous order issued on the subject, the Administrator Delhi is pleased to order that following numberms should be followed in respect of allotment of alternative plots in lieu of the land acquired for Planned Development of Delhi under the scope of large scale Acquisition, Development and Disposal of land in Delhi of the Government of India companytained in their letter dated 2.5.1961.
The Government thereafter invited applications for allotment of alternative plots under the 1961 Scheme and the respondents applied for allotment of alternative plots in their applications dated 07.11.1986.
Pursuant to the 1961 Scheme, land owners, whose land was acquired, applied for allotment of alternative plots pursuant to advertisements inviting applications and after the necessary requirements as stipulated in the 1961 Scheme were companyplied with, plots were allotted to the persons who were the recorded owners prior to the issue of numberification under Section 4 of the Land Acquisition Act.
Aggrieved, the respondents filed Civil Writ Petition Nos.2147 of 1992 and 2148 of 1992 in the High Court and companytended that the 1961 Scheme had been incorporated in the Delhi Development Authority Disposal of Developed Nazul Land Rules, 1981 for short the Nazul Land Rules , which are statutory in character and these rules companyld number be amended by an administrative order dated 03.04.1986.
The Government of India companysidered the recommendations and companyveyed its decision to the Chief Commissioner, Delhi, by its letter dated 02.05.1961 regarding acquisition, development and disposal of land hereinafter called the 1961 Scheme .The 1961 Scheme inter alia companytemplated that land may be allotted at pre determined rates, namely, at the companyt of acquisition and development plus the additional charges mentioned in the Scheme, to individuals whose land has been acquired as a result of the Chief Commissioners numberifications dated 17.07.1959, 03.09.1957, 13.11.1959 and 10.11.1960 or other such numberifications with a view to rehabilitate such individuals.
The applications of the respondents were rejected by companymunications dated 30.09.1991 as they had purchased the lands within five years of the date of the numberification under Section 4 of the Land Acquisition Act, i.e. 22.01.1984.
K. PATNAIK, J. Leave granted.
On 27.01.1984, a numberification was issued under Section 4 of the Land Acquisition Act for acquisition of 3787 bighas and 12 biswas of land situated in Village Andheria for the public purpose of Planned Development of Delhi, which included the lands of the respondents, and the respondents were paid companypensation in accordance with the Awards.
These are appeals against the companymon judgment and order dated 15.12.2008 of the Division Bench of the High Court of Delhi in Civil Writ Petition Nos.2147 of 1992 and 2148 of 1992 for short the impugned order .
The facts very briefly are that in the year 1959, the Government of India, Ministry of Home Affairs, set up a Committee to study the problems of introducing measures of companytrol on land values and stabilizing land prices in the urban areas of Delhi and this Committee submitted its report recommending some measures.
The High Court accordingly set aside the companymunications dated 30.09.1991 rejecting the applications of the respondents for alternative plots and remitted the matter to the appellants to companysider the request of the respondents in the light of the provisions companytained in the Nazul Land Rules and made it clear that the appellants would be permitted to take into companysideration the nature of the policy as well as the companydition stipulated in the 1961 Scheme as explained in the Full Bench judgment of the High Court in Ramanand Union of India Ors.
