Man Singh vs DDA and Another

Hima Kohli, J.—The present petition is filed by the petitioner praying inter alia for issuance of a writ of mandamus to the respondent No. 1/DDA directing it to release plot No. A-76, Kalkaji Extension, New Delhi, in favour of the legal heirs of Shri Sadhu Singh, who had expired in the year 1987, while leaving behind him nine legal heirs including the petitioner herein. Counsel for the petitioner states that the names of the legal heirs of the deceased, Shri Sadhu Singh have been mentioned in para 5 of the writ petition. However, due to an inadvertent omission, the name of one of the legal heirs, namely, Shri Sukhdev Singh was left out though he was also a co-beneficiary of the plot. It is further stated that the said Shri Sukhdev Singh expired on 12.10.2003 and is survived by six legal heirs as mentioned in para 7 of CM 2776/2011 filed by the said legal heirs praying inter alia for impleadment in the present proceedings, to which the petitioner does not have any objection.

Notice was issued on the present petition vide order dated 07.09.2010, whereafter respondent No. 1/DDA and respondent No. 2/Govt. of NCT of Delhi have filed their counter affidavits. Counsel for respondent No. 2/Govt. of NCT of Delhi states that no relief has been claimed by the petitioner against the Govt. of NCT of Delhi. Counsel for respondent No. 1/DDA states that land bearing Khasra No. 440 measuring 11 bigha 14 biswas situated in village Kilokari was acquired on 19.12.1963 vide Award No. 1651 and the said land was placed at the disposal of the DDA on 3.1.1968. It is further stated that another parcel of land bearing Khasra No. 441 measuring 5 bigha 5 biswas was acquired through Award No. 10/83-84 and possession thereof was handed over to DDA on 19.08.1997. The balance land in the aforesaid Khasra No. 441, measuring (0-4) belonging to late Sh. Sadhu Singh, has not been handed over to DDA as there exists construction thereon and resultantly, alternative allotment of plot could not be made in his favour.

Counsel for the petitioners states that during the pendency of the present petition, one of the legal heirs of the deceased petitioner, namely, Shri Kirpal Singh had submitted an application to respondent No. 1/DDA, under the Right to Information Act, for information pertaining to the allotment of alternative plot in Kalkaji Extension and in reply thereto, respondent No. 1/DDA had forwarded him a letter dated 03.08.2011, wherein the said applicant was informed that he may approach the Land Acquisition Collector (South), Land & Building Department, Government of NCT of Delhi for the purpose of handing over possession of the subject land to the DDA and that only thereafter, could the DDA take steps to hand over plot No. A-76, measuring 198 sq. yards in Kalkaji Extension to the successors of Late Sh.Sadhu Singh. It is stated by the learned counsel that upon receiving the aforesaid reply, Shri Kirpal Singh had approached the land Acquisition Collector with a representation dated 27.09.2011, requesting the Department to take over possession of the subject land, which as per the applicant, is lying vacant.

In view of the above correspondence, it is clear that it is for the petitioner and the remaining legal heirs of Late Shri Sadhu Singh to approach the Land Acquisition Collector with a request for taking over possession of the subject land situated in village Kilokari. It is only after the possession is taken over by the Land Acquisition Collector, can the petitioner and the remaining legal heirs of the deceased Shri Sadhu Singh claim entitlement to the plot in question bearing No. A-76, Kalkaji Extension as mentioned in the letter dated 03.08.2011 (Annexure P-1 to CM 19946/2011), as an alternative allotment in lieu of their acquired land.

The present petition is accordingly disposed of with liberty granted to the petitioner and the remaining legal heirs of the deceased, Shri Sadhu Singh, to approach the Land Acquisition Collector with their grievances and to pursue their remedies before the said Department as per law. If the Land Acquisition Collector accedes to their request and takes over possession of the subject land under their occupation, they may approach respondent No. 1/DDA thereafter for allotment of the subject plot in their favour as legal heirs of deceased Sh.Sadhu Singh. As and when the petitioner and the remaining legal heirs of deceased Shri Sadhu Singh approach respondent No. 1/DDA with adequate proof of having handed over possession of the subject land under their occupation to the Land Acquisition Collector, respondent No. 1/DDA shall consider and process their applications in terms of its letter dated 03.08.2011(Annexure P-1 to CM 19946/2011). The petition is disposed of alongwith the pending applications.