Union Of India And Ors vs Har Dayal

2. The respondent claims that he was thereafter pursuing his request for allotment of the remaining land, on behalf of himself and his two brothers as Kartha of HUF. It is stated that the file was not traceable for some years in the concerned Ministry and subsequently the file was traced and transferred to the Land and Building Department. Ultimately by orders dated 12.9.1989 and 21.9.1989, the respondent and his two brothers were categorically informed by the Ministry of Home Affairs (Rehabilitation Divison-Settlements) that no agricultural land was available in the rural areas of Delhi for allotment, and Rs.383.50 being the compensation payable to each of them, corresponding to the extent which was not allotted, was credited to their account in terms of the relevant rules. Even after the receipt of the said communication the respondent and his brothers did not take any legal action. In the year 1994, the respondent 3 obtained a letter of recommendation from a Central Minister and tried to revive the stale issue. The representation was again rejected. It is thereafter, in the year 1996, that the respondent filed a writ petition in the Delhi High Court seeking allotment of the land.

3. A learned Single Judge of the High Court allowed the writ petition in part with costs of Rs.5000/- on 16.5.2003. The learned Single Judge was of the view that after all these years it was not possible to issue any direction for allotment of agricultural land to the respondent as such land was not available. He was, however, of the view that the appellants, due to their carelessness, had deprived the respondent of the allotment of the land. Therefore he directed the appellants to work out the market value of the extent of land to which respondent was entitled as on the date of the filing of the writ petition in 1996 and make payment within two months. The appeal filed by the Union of India was dismissed by a Division Bench of the High Court on 31.1.2005. The said order is challenged in this appeal by special leave.

4. The claim of respondent and his brothers for compensation by way of agricultural land was verified and 4 certified as 7 Standard Acres and 3.1/4 units in 1952. Depending on the availability, 5 Standard Acres and 4.1/3 units of land was allotted and delivered to them. In 1965, it was confirmed that as per the verified claim, the respondent and his brothers were still entitled to 2 Standard Acres and 8.11/12 Units. As per the rules, though normally compensation was payable in terms of rural agricultural land from the compensation pool created with evacuee lands, cash compensation was payable in the event of non-availability of rural agricultural land. The cash compensation payable under the Rules was Rs.450/- per standard acre and nothing more. It is in these circumstances, due to non-availability of agricultural land, he and his brothers were informed that cash equivalent of compensation, that is Rs.383.50 each was credited to them and they could draw the same.

9. On the facts and circumstances, the judgment of the High Court directing payment of the market value as in 1996 cannot be sustained. The writ petition ought to have been dismissed on the ground of delay and laches.

10. But as the High Court (learned Single Judge and Division Bench) have chosen to exercise the discretion to ignore the delay and entertain the writ petition, we do not propose to interfere with the exercise of discretion. As the rules contemplated allotment of land being staggered depending upon availability of land, during the pendency of this appeal, the appellants very fairly offered to allot the respondent's share in remaining agricultural land in some rural area in Rajasthan. This has been referred to in the orders of this Court dated 5.8.2005, 31.7.2008 and 22.10.2009. We therefore dispose of the appeal recording the submission that appellants will deliver the respondent's share in the extent of 2 Std. Acres and 8.11/12 Units of agricultural land in the State of Rajasthan to appellant within six months from today. It is clarified that appellant will have no choice in the matter and whatever land is offered in Rajasthan, should have to be accepted. If he is not willing to accept such land, he may receive the sum of Rs.383.50. 9

11. The offer of land by appellant in this case, being peculiar to the facts of this case shall not be treated as a precedent in any other stale claims of other displaced persons.

___________________J.