High Court of DelhiW.P.(C)/4722/2016

Santosh Devi v. Gnct Of Delhi

2016-09-07Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4722/2016 SANTOSH DEVI ..... Petitioner Through Mr. S.B. Vashishtha, Adv.

versus GNCT OF DELHI ..... Respondent Through Mr. Yeeshu Jain, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 07.09.2016 The petitioner is aggrieved by the communication dated 10.06.2013 vide which the Recommendation Committee had rejected the case of the petitioner seeking allotment of an alternate plot on the ground that the documents had not been furnished by the petitioner. The petitioner before this Court is the widow of Mahender Singh. The land of Mahender Singh was admittedly acquired on 19.12.1996 and compensation was paid to Mahender Singh on 08.04.1997. Mahender Singh during his lifetime had applied for an alternate plot on 30.04.1997. These facts are not disputed. Mahender Singh had however died on 17.04.2009. The case of the petitioner (widow of Mahender Singh) is that on 24.05.2010, she has submitted the application along with all requisite documents seeking alternate plot in her favour.

The respondent has denied this submission. Submission of the

respondent is that inspite of communication addressed to the petitioner, requisite documents had not been furnished. Per contra, learned counsel for the petitioner has placed reliance upon two documents evidencing his submission that he had furnished the documents to the Department not only on 24.05.2010 but also on 22.04.2013 (pages 16 & 19 of the paper book). The letter rejecting the case of the petitioner is dated 10.06.2013. This Court is of the view that in view of the aforenoted documents which have been brought on record, it is a fit case where the case of the petitioner should be considered on merit. The letter of rejection dated 10.06.2013 is accordingly set aside. Let the case of the petitioner be considered on merits.

If any further documents are required to be furnished by the petitioner, the same shall be submit on affidavit within two weeks from the date on which he is asked to submit those documents. The petitioner shall appear before the Recommendation Committee on 26.09.2016 and the case of the petitioner will be considered on merits and dispose of by a speaking order within an outer limit of six months.

Petition disposed of.

INDERMEET KAUR, J SEPTEMBER 07, 2016