TaxTMI 
TaxTMI 
2011 (10) TMI 754
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....recommendations and conveyed its decision to the Chief 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....
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....uated in Village Andheria for the public purpose of Planned Development of Delhi, which included the lands of the Respondents, and the Respondents were paid compensation in accordance 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 conte....
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....plans and subject to the provisions of these rules, dispose the Nazul land by auction to the following institutions: (a) hospitals; (b) dispensaries; (c) nursing homes; (d) higher or technical 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 f....
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.... categories of persons. Sub-rule (2) of Rule 4 further provides that the Authority shall in conformity with plans and subject to the rules dispose the Nazul Land by auction to the categories of institutions named in Clauses (a) to (g) in sub-rule 2 of Rule 4. The Full Bench of the High Court has held in the case of Ramanand v. Union of India and Ors. (supra) that Rule 4 requires that the allotment of land shall be made in 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....