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High Court of DelhiW.P.(C)/1054/2018

Mohinder Singh v. Land & Building Department

2018-10-01Hon'Ble Mr. Justice Sunil Gaur2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1054/2018 MOHINDER SINGH .....Petitioner Through:

Mr. N S Dalal and Mr.Amit Dhankhar, Advocates versus LAND & BUILDING DEPARTMENT .....Respondent Through:

Mr. Tarim K. Nayak and Mr. B.

Mahapatra, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 01.10.2018 Impugned order of 30th October, 2017 (Annexure P-1) rejects petitioner's application for allotment of alternate plot in lieu of acquired land, on the ground that petitioner had not furnished the requisite documents i.e. Status of land, Occupancy/Lal Dora, Statement-A, Cheque of compensation in r/o claim of alternative plot, inspite of being given sufficient opportunity. In the counter affidavit filed by the respondent, it is spelt out that petitioner has not submitted the details in respect of ownership status of property No. 504, Khairpur, Kotla Mubarakpur, New Delhi-03 alongwith status of remaining land, if any. Learned counsel for petitioner submits that documents received from the revenue authorities, were submitted vide application of 27th W.P.(C) 1054/2018

January, 2017 (Annexure P-13) 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) JUDGE OCTOBER 01, 2018 v W.P.(C) 1054/2018