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Judgment
Hima Kohli, J.—The present petition is filed by the petitioner praying inter alia for directions to the respondents to grant allotment of an alternate plot in terms of the policy of the year 1961 and in supersession of the amendment in the said policy, vide office orders date 3.4.1986 and 15.9.1986, issued by respondent No. 2/ Govt. of NCT of Delhi.
It is the case of the petitioner that his land situated in Village Toganpur, Delhi was acquired by the respondents and compensation was paid to him. Apart from the said compensation, the petitioner had also filed an application dated 24.06.1987 seeking allotment of an alternate plot of land, which was not allotted to him and instead, respondent No. 2/Govt. of NCT of Delhi issued a letter dated 24.6.1987 informing the petitioner that under the existing policy, to be eligible for allotment of an alternate plot, the land acquired should have been purchased at least 5 years prior to the date of notification issued u/s 4 of the Land Acquisition Act, 1894 (in short ''the Act'') and since in his case the land had been purchased by him in the year 1981 and the Section 4 notification was issued on 27.01.1984, hence, he had not been found eligible for allotment of an alternate plot.
Counsel for respondent No. 2/Govt. of NCT of Delhi states that the aforesaid amendment to the policy vide order dated 03.04.1986 passed by respondent No. 2/Govt. of NCT of Delhi regarding allotment of an alternate plot was tested in two writ petitions registered as WP (C) Nos. 2147/1992 and 2148/1992, which were disposed of by a Division Bench, vide order dated 15.12.2008, wherein the Court had set aside a similar order rejecting the application of the petitioners therein for allotment of an alternate plot. Aggrieved by the aforesaid order passed by the Division Bench, respondent No. 2/Govt. of NCT of Delhi had preferred appeals before the Supreme Court, which have recently been decided, vide judgment dated 11.10.2011 passed in Civil Appeal No. 8526/2011 entitled Delhi Administration through its Secretary vs. Umrao Singh and Civil Appeal No. 8527/2011 entitled Delhi Administration through its Secretary vs. Ramesh Kumari, a copy of which is handed over by the counsel and taken on record.
A perusal of the aforesaid judgment reveals that the appeals preferred by respondent No. 2/Govt. of NCT of Delhi were allowed by the Supreme Court, while setting aside the decision of the Division Bench.
Counsel for respondent No. 2/Govt. of NCT of Delhi, therefore, states that the amendment of policy vide order dated 03.04.1986 passed by the respondent No. 2/Govt. of NCT of Delhi, laying down the eligibility for consideration for allotment of an alternate plot upon the acquisition of land of an expropriated owner under the Land Acquisition Act, 1894 having been upheld by the Supreme Court, nothing further survives in the present writ petition.
Counsel for the petitioner concedes the aforesaid position.
Accordingly, following the decision of the Supreme Court rendered in the cases of Umrao Singh and Ramesh Kumari (supra), the present petition is dismissed, while leaving the parties to bear their own costs.