New Delhi: The Delhi High Court has slapped
Rs One lakh as cost on a man for filing a petition against DDA
20 twenty years after the death of his father for allotment of
an alternative plot in place of the land acquired by the
government way back in 1958.
"It appears to the court that the present petition has
been filed by the petitioner as a gross misuse of the legal
machinery by taking undue advantage of the death of his
father. Had there been any substance in the case of the
petitioner, he either himself or through his father could have
taken legal action for allotment of an alternative plot in
respect of the land of his father acquired by the government,"
said Justice S N Aggarwal.
Directing Mange Ram to deposit Rs 75,000 out of Rs one
lakh with the Delhi Legal Services Authority and rest of the
amount to DDA, Justice Aggarwal said "this cost has been
imposed by the court keeping in mind the conduct of the
petitioner in filing of frivolous litigation after about fifty
years of acquisition of land of his father taking advantage of
his death".
The court dismissed a petition filed by Mange Ram seeking
a direction for a CBI inquiry alleging that DDA had allotted an
alternative plot to some person other than his father.
According to DDA, the land which belonged to his
father was acquired by the government in the year 1958. At
that time, there was a scheme for allotment of an alternative
plot in place of compulsory acquisition of land by the
government from private persons.
The court rejected the petitioner`s argument that his
father did not receive any letter from the government
recommending allotment of an alternative plot to him in place
of compulsory acquisition of his land and died on 13.07.1986.
However, the court accepted the DDA counsel`s argument
that the petitioner`s father had applied for allotment of an
alternative plot and a recommendation for allotment of an
alternative residential plot of 300 square yds at East of
Kailash was made by the concerned department of the government
in the year 1967.
PTI
