Jaiveer Singh v. Land & Building Department

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1040/2018 JAIVEER SINGH .....Petitioner Through:

Mr. N S Dalal, Advocate and Mr.

Amit Dhankhar, Advocates versus LAND & BUILDING DEPARTMENT .....Respondent Through:

Mr. Yeeshu Jain, Standing Counsel With Ms. Jyoti Tyagi, Advocate Mr. S. Nagarajan, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 01.10.2018 Impugned order of 13th November, 2017 (Annexure P-1) rejects petitioner's application for allotment of alternate plot in lieu of acquired land, on the ground that the requisite documents i.e. Certified copy of Award & Statement A or Copy of Cheque of compensation, Status of remaining land, Occupancy/Ownership status of Property bearing No. 164, 2nd Pusta, New Usmanpur, Delhi/Lal Dora signed by Tehsildar have not been furnished despite sufficient opportunity being given. In the counter affidavit filed by the respondent, it is spelt out that the petitioner has not submitted certified copy of Award and Statement-A, status of remaining land, occupancy status of property bearing number 164, 2nd Pushta, New Usmanpur and Lal Dora certificate duly signed by the competent authority.

W.P.(C) 1040/2018

Learned counsel for petitioner submits that documents received from the revenue authorities were submitted vide application of 18th July, 2017 (Annexure P-12) which were duly received by the respondent. The deficiencies in the application was made known to petitioner and similarly situated persons, by way of public notice in the leading newspapers.

Upon hearing and on perusal of impugned order and the material on record, I find that for the delay occasioned in not furnishing the requisite documents, petitioner ought to be put to terms. In the facts and circumstances of this case, it is deemed appropriate to give one opportunity to petitioner to make up the deficiencies, while putting petitioner to terms. Subject to petitioner depositing cost of `15,000/- with Prime Minister's National Relief Fund within a period of six weeks and upon producing the proof of deposit alongwith the documents sought, petitioner's application for allotment of alternate plot in lieu of the acquired land, be reconsidered within a period of sixteen weeks and the fate of petitioner's application be made known to him within four weeks thereafter, so that petitioner may avail of the remedies as available in law, if need be.

With the aforesaid directions, this petition is disposed of. SUNIL GAUR, J OCTOBER 01, 2018 v W.P.(C) 1040/2018