Rampyari v. Land Acquisition Collector (N-W)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4868/2024 RAMPYARI ..... Petitioner Through:

Dr. Subhash Vijayran, eldest son/ attorney in person.

versus LAND ACQUISITION COLLECTOR (N-W) ..... Respondent Through:

Mr Sanjay Kumar Pathak, Standing Counsel for R-1/LAC with Mr Mayank Arora and Mr Sunil Kumar Jha, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 03.04.2024 1.

The petitioner has filed the present petition, inter alia, praying as under: - "4.1. Direct the Respondent to issue two fresh Cheques of Rs.1,77,120 and Rs.67,160, at the earliest, preferably within a week, in the Petitioner's name, i.e. RAMPYARI W/O JAIPAL, Canara Bank Savings Account No. 90152010034028 (IFSC Code: CNRB0005123) in lieu of Cheque No.796440 of amount Rs.1,77,120, and Cheque No.796441 of amount Rs.67,160, dated 08.02.2023, of State Bank of India, Tis Hazari, Delhi, issued by the Respondent, in the name of Petitioner's Late Husband, JAIPAL S/O RAMPHAL, Account No. 90152010032010, which were not encashed by Sh. Jaipal during his lifetime, and have since been returned to the Respondent.

4.2. Impose costs of Rs.1,00,000 (One Lakh) upon the officers of the Respondent, for lethargy and dereliction of duty, who are responsible for not acting upon the Petitioner's Application dated 29.01.2024 and the Legal Notice dated 13.03.2024, to be deducted from their salaries, and to be deposited with the Delhi High Court Legal Services Committee (DHCLSC) for providing free legal aid to the poor and needy litigants.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2024 at 12:03:09

4.3. Award litigation costs, in favour of the Petitioner and against the Respondent, as this Hon'ble Court may deem fit and proper, as per its discretion."

2.

The petitioner, essentially, seeks that the cheques issued in favour of his deceased father be issued in his favour and in favour of his mother as the other legal heirs have relinquished their rights in his and his mother's favour. The petitioner had filed an application with the Land Acquisition Collector (LAC) on 29.01.2024 and claims that no response has been received to the said application.

3.

Mr Pathak states that it would be necessary for the petitioner to comply with certain formalities for claiming the amount payable to his deceased father. He submits that a mere letter from other heirs would not be sufficient.

4.

In the aforesaid view, we direct the LAC to respond to the petitioner's application dated 29.01.2024 indicating the relevant documents, which are necessary for processing his request. 5.

Let the same be done within a period of two weeks from today. 6.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J TARA VITASTA GANJU, J APRIL 03, 2024 RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2024 at 12:03:09