TMI Blog2011 (10) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... hief 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 contemplated that land may be allotted at pre-determined rates, namely, at the cost 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 Commissioner's notifications dated 17.07.1959, 03.09.1957, 13.11.1959 and 10.11.1960 or other such notifications with a view to rehabilitate such individuals. 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 complied with, plots were allotted to the persons who were the recorded owners prior to the issue of notification under Section 4 of the Land Acquisition Act. 4. By an Officer Order dated 03.04.1986 issued by the Delhi Administration, Delhi, Land and Building Department, the 1961 Scheme was amended. The Office Order dated 03.04.1986 is extracted herein below: DELHI ADMIN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e with the Awards. 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. As the applications submitted by the Respondents lacked material particulars and were not 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 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. The applications of the Respondents were rejected by communications dated 30.09.1991 as they had purchased the lands within five years of the date of the notification under Section 4 of the Land Acquisition Act, i.e. 22.01.1984. 6. Aggrieved, the Respondents filed Civil Writ Petition Nos. 2147 of 1992 and 2148 of 1992 in the High Court and contended 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 ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ical education institutions; (e) community halls; (f) clubs; (g) schools: Provided that nothing in this sub-rule shall affect the allotment of land to the Central Government, State Government, Union territory, local body, autonomous bodies or organisations owned by the Central Government. 6. Allotment of Nazul land at predetermined rates.-- Subject to the other provisions of these rules, the Authority shall allot Nazul land at the pre-determined rates in the following cases, namely: (i) to individuals whose land has been acquired for planned development of Delhi after the 1st day of January,1961, and which forms part of Nazul land: Provided that if an individual is to be allotted a residential plot, the size of such plot may be determined by the Administrator after taking into consideration the area and the value of the land acquired from him and the location and the value of the plot to be allotted; (ii) to individuals in the low income group or the middle income group other than specified in Clause (i) -- (a) who are tenants in a building in any area in respect of which a slum clearance order is made under the Slum Areas Act; (b) who, in an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n conformity with the plans and 'plans' means the Master Plan and the Zonal Development Plan for a zone. Thus, there is nothing in Rule 4 which envisages allotment of Nazul land to different category of persons to indicate that the 1961 Scheme has been incorporated in Rule 4. The Full Bench of the High Court has also held in the aforesaid decision that the word 'may' in Sub-rule (1) of Rule 4 cannot be construed as 'shall' and discretion has been vested in the Authority to allot land to the categories of persons mentioned in the sub-rule. 10. Rule 6 is titled 'Allotment of Nazul land at pre-determined rates' and it provides that subject to the other provisions of the rules, the Authority shall allot Nazul land at the pre-determined rates in the cases enumerated in Clauses (i) to (iv) and Clause (i) of Rule 6 covers cases of individuals whose land has been acquired for planned development of Delhi after the 1st day of January, 1961 and which forms part of Nazul land. Sub-rule (1) of Rule 6, therefore, only provides that when the Authority decides to allot land to any individual under the 1961 Scheme, it shall allot at the predetermined rates. 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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