Radha Aggarwal v. Dr G Narendra Kumar

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 320/2019 RADHA AGGARWAL ..... Petitioner Through:

Mr. N.S. Dalal, Advocate with Mr.

D.P. Singh, Advocate and Mr. S.K.

Jain, Advocate.

versus DR G NARENDRA KUMAR ..... Respondent Through:

Mr. Biraja Mahapatra, Advocate with Mr. Sumit Mishra, Advocate.

Mr. Krishan Kumar, SDM.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.03.2020 Mr. N.S. Dalal, learned counsel appearing for the petitioner states that the respondent is in breach of order dated 30.08.2017 made in W.P.(C) No.1297/2015 inasmuch as the respondent has not complied with the following part of the order:- "The case of the petitioner be considered afresh. His application seeking allotment of an alternate plot will be examined on merits on the basis of the documents which are already lying with the department."

Learned counsel appearing for the respondent on the other hand states that in compliance of the aforesaid direction the respondent has sent to the petitioner inter alia communication dated 07.10.2019 requesting the petitioner to furnish certain other documents/information, which however the petitioner has omitted to do. Counsel states that subsequently another letter dated 11.02.2020 Cont. Cas.(C) No.320/2019

has also been sent to the petitioner on the same lines, which has been received back undelivered, with a noting that the petitioner was not available at the address.

Mr. Dalal states that as per the directions contained in order dated 30.08.2017, the respondent was to decide the petitioner's case for allotment of alternate land "on the basis of documents which are already lying with the department". Be that as it may, counsel for the respondent states that respondent is willing to consider the petiitoner's case but for that additional documents that have been requested would be required.

Mr. Dalal states that, in the circumstances, he is willing to furnish such other documents as may be required by the respondent but requests that petitioner's case be decided in a time bound manner.

Accordingly, the petition is disposed of, with a direction to the respondent to consider the case of the peititoner, who is stated to be a widow of more than 80 years of age, within six weeks of the petitioner furnishing the additional documents as have been required by the respondent vide letter dated 07.10.2019. Fresh/current address of the petitioner be also furnished to the respondent within one week.

Petition stands disposed of.

ANUP JAIRAM BHAMBHANI, J MARCH 12, 2020 Ne Cont. Cas.(C) No.320/2019