Ram & Ors Vs. Union of India & Ors  INSC 647 (9 November 1995)
K. Ramaswamy, K. Ahmad Saghir S. (J)
1995 SCC Supl. (4) 615 JT 1995 (9) 126 1995 SCALE (6)431
PETITION [C] NO.851 OF 1988
Ram & Ors. V. Union of India & Ors.
O R D
only question raised in these two writ petitions is whether an observation is
to be made by this Court to the effect that the petitioners would be entitled
to allotment of alternative sites by the Delhi Development Authority. It is
true that the lands of the petitioners were acquired for a defence purpose,
viz., establishment of Radar. They were duly paid the compensation demanded of.
One of the reliefs sought in the writ petitions is that since they have been
displaced from their holdings, they need some site for construction of their
house and that, therefore, the Government of India may make an effort to
provide them alternative sites. We are aware of the decision rendered by this
Court in State of U.P. vs. Pista Devi [(1986) 4 SCC 251 at
260]. But it depends upon the acquisition for which it was made. In that case,
acquisition for which it was made.
that case, acquisition related to planned development of housing scheme by Meerut
Development Authority. Therefore, though no scheme was made providing
alternative sites to those displaced pesons whose lands were acquired and who
themselves needed housing accommodations, a direction was given to the Meerut
Development Authority to provide alternative sits for their housing purpose.
Since the acquisition is only for defence purpose and if the request is acceded
to, it would create innumerable complications, we are constrained not to accede
to forceful pursuasive argument addressed by Mr. R.P. Gupta, learned counsel
for the petitioners.
writ petitions are accordingly dismissed. No costs.