Lok Sabha Question No. 5146 (UNSTARRED), answered on 2018-03-27
Subject: Alternate Land
Ministry: HOUSING AND URBAN AFFAIRS
Asked by: UDIT RAJ

No.  5146

## GOVERNMENT OF INDIA

## MINISTRY OF HOUSING AND URBAN AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 5146 TO BE ANSWERED ON 27 MARCH, 2018

## ALTERNATE LAND

DR. UDIT RAJ:

Will the Minister of URBAN DEVELOPMENT be pleased to state:

- (a) whether the Department of Land and Housing, Government of NCT of Delhi has complied with the Ministry of Home Affairs Order Number 37/16/60-Delhi(1) dated 2.5.1961 in which it was recommended to the Delhi Development Authority compensation for those farmers whose entire lands were not acquired;
- (b) if  so,  whether alternative plots allotted to farmers have been seized  back  under  the  orders  of  the  Supreme  Court  dated 14.9.2011 in the case of Jai Singh Tomar vs. Union of India;
- (c) whether the eligibility criteria for allotment of alternative plots have been framed as per guidelines of the Supreme Court and if so, the details thereof;
- (d) whether applications for allotment of alternate land is rejected if  the  aggrieved  party  has  individual  land  holdings  within  the same village or as part of a cooperative and if so, the details thereof; and
- (e) the further steps proposed to be taken by the Government in this regard?

## ANSWER

THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF HOUSING AND URBAN AFFAIRS

(SHRI HARDEEP SINGH PURI )

- (a) Yes, Madam. The Land & Building Department of Government of
- National  Capital  Territory  of  Delhi  (GNCTD)  has  informed  that  it

recommends alternate plot for the applicants in lieu of acquired land to  Delhi  development  Authority(DDA)  as  per  the  policy  i.e.  'Large Scale Acquisition Development and Disposal of land in Delhi, 1961' approved by the Government of India, Ministry of Home Affairs vide Order No. F.37/16/60-Delhi(1) dated 02.05.1961. (b) The Land & Building Department of GNCTD has informed that no such case titled as Jai Singh Tomar has been found. However, in the case of CA No. 8289/2010 titled as DDA Vs Jai Singh Kanwar, the Hon'ble Supreme  Court  vide  judgement  dated  14.09.2011  has interpreted the policy. The Land & Building Department of GNCTD has further informed that pursuant to this judgement, no communication was sent to DDA for seizure of plot already recommended. (c) Yes, Madam. The Land & Building Department of GNCTD has informed  that  the  Hon'ble  Supreme  Court  vide  judgement  dated 14.09.2011 in case of CA No. 8289/2010 titled as 'DDA & Ors Vs Jai Singh Kanwar' has interpreted the policy as follows 'the object of the Scheme is that when the land owned by a person is taken away in  entirety  and  he  is  left  without  any  house  or  plot,  he  should  be allotted a plot. The scheme, therefore, provided that only a person who  does  not  own  a  house/residential  plot/flat  will  be  entitled  to apply'.  The  Land  &  Building  Department  of  GNCTD  has  further informed that after pronouncement of the aforesaid judgement, it is following the judgement. (d) The Land & Building Department of GNCTD has informed that if the  aggrieved  party  has  individual  land  holdings  within  the  same village or as part of a Co-operative Housing Society, then applications for allotment of land are rejected. (e) The Land & Building Department of GNCTD has informed that no further steps are required to be taken.

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