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PETITIONER: JAGE RAM & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT09/11/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. AHMAD SAGHIR S. (J)

CITATION:  1995 SCC  Supl.  (4) 615 JT 1995 (9)   126  1995 SCALE  (6)431

ACT:

HEADNOTE:

JUDGMENT:                             WITH               WRIT PETITION [C] NO.851 OF 1988 Jodha Ram & Ors. V. Union of India & Ors.                          O R D E R      The 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. In 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.      The writ petitions are accordingly dismissed. No costs.

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