Mange Ram & Anr v. Union of India & Ors

RAJIV SAHAI ENDLAW, J. NOVEMBER 26, 2015/bs (corrected & released on 25th May, 2016)

PS: Since there has been a long delay in correcting and releasing this judgment, the Court Master to inform the counsels.

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 26th November, 2015. + W.P.(C) No.6313/2010 & CM No.12515/2010 (for stay) MANGE RAM & ANR ..... Petitioners Through: Mr. Ravi Gupta, Sr. Adv. with Mr. Ajay Gulati, Mr. Sachin Jain and Mr. Bhoomija Verma, Advs. Versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Vivek Goyal, CGSC for UOI and Mr. Rasheed Ansari, Adv. for R- 2&3/GNCTD. Mr. L.B. Rai and Mr. Mohit Kumar Sharma, Advs. for applicant. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition seeks mandamus to the Union of India (UOI) as well as Govt. of NCT of Delhi (GNCTD) to make allotment and give possession of 65 bighas and 9 biswas of land to the two petitioners in terms of allotment letter dated 28th June, 2005. 2. Notice of the petition was issued and pleadings have been completed. 3. The senior counsel for the petitioners and the counsels for the respondents were heard on 23rd November, 2015 as well as today. 4. It is the case of the petitioners: (i) that the two petitioners i.e. Sh. Mange Ram and Sh. Ram Mehar are displaced persons and in lieu of their properties / land left behind in Pakistan, the Ministry of Rehabilitation, Govt. of India on 30th September, 1966 issued them a "Sanad' bearing No.D-914 (Hadbust No.22) with respect to acquired evacuee land admeasuring 71 bighas and 5 biswas in Village Jharoda Mazra, Burari, Delhi; (ii) however physical possession of the said land could not be handed over by the respondents to the petitioners since the said land was in illegal unauthorised occupation of others; (iii) that the petitioners at that time were given to understand that legal proceedings with regard to the said land were pending and they should await till conclusion of the said proceedings; (iv) however, even those proceedings were decided in favour of the occupants who were declared as Bhumidars of those lands; (v) that vide letter dated 20th April, 1989, the work relating to administration, management and disposal of the remaining urban evacuee built up property, urban evacuee plots, rural evacuee agricultural land etc. was transferred by the Govt. of India to the Delhi Administration; (vi) that from 1974 till 2005, the petitioners kept on visiting the Evacuee Property (EP) Cell for redressal of their grievance and also made written representations for allotment of alternative land somewhere else in Delhi, but to no avail; (vii) that ultimately vide official note dated 19th May, 2005, it was proposed that some other lands in piece-meal, available and belonging to the Custodian of Evacuee Property be allotted to the petitioners; (viii) that on examination of official records it was found that six parcels of land in revenue Villages Civil Station, Sheikh Sarai, Rithala, Haiderpur and Hameerpur total admeasuring 65.09 bighas were available; (ix) that vide letters dated 2nd May, 2005 and 13th June, 2005, the Tehsildar, GNCTD and the Managing Officer, EP Cell sought present status of the said lands from the local Tehsildars and it was found that the said lands belonged to and were in possession of the Government; (x) that accordingly, vide letter dated 28th June, 2005, the Managing Officer, EP Cell, GNCTD informed the petitioners of allotment of six parcels of land aforesaid total admeasuring 65.09 bighas and asked the petitioners to meet the officers in this regard; (xi) that the petitioners agreed to accept the aforesaid lands in lieu of 71 bighas and 5 biswas of land earlier allotted to them and requested for a new Sanad and physical possession thereof; (xii) that though further steps were taken in this respect as evident from the contemporaneous office notings but in the meanwhile, the Displaced Persons Claim and Other Laws Repeal Act, 2005 (Repeal Act) was notified on 6th September, 2005 repealing the Displaced Persons (Compensation & Rehabilitation) Act, 1954; (xiii) that the petitioners on 22nd December, 2006 lodged a complaint with the Public Grievances Commission of not get