Ganga Devi v. Land & Building Department

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4591/2016 GANGA DEVI ..... Petitioner Through Mr.D.P.Singh with Ms.Toral Banerjee, Advs.

versus LAND & BUILDING DEPARTMENT ..... Respondent Through Mr.Sanjay Kumar Pathak with Ms.K.Kaomudi Kiran Pathak, Mr.Sunil Kumar Jha, Advs.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 21.05.2018 Vide the present petition, the petitioner has impugned the order dated 26.10.2012, whereby his application dated 06.08.1986 for grant of alternative plot has been rejected, on the ground that his entire land had not been acquired.

Learned counsel for the petitioner submits that the respondent has rejected the petitioner's application by overlooking the documents on their own record, which clearly show that the petitioner's entire land stood acquired. He submits that the said information has been received by the petitioner in response to his application under the RTI Act.

Learned counsel for the respondent is unable to dispute the fact

that information received by the petitioner under the RTI Act depicts that while passing the impugned order relevant information has been ignored by the respondent.

Having heard, learned counsels for the parties, I find that the documents relied upon by the petitioner prima facie show that the respondent has acted in a most mechanical manner and passed the said order without considering all the relevant documents. Accordingly, the impugned order dated 26.10.2012 is quashed and the matter is remanded back to the respondent to reconsider the petitioner's application and decide the same by passing a reasoned and speaking order within 12 weeks.

Needless to say, in case, the petitioner is aggrieved by the decision taken by the respondent, it will open for the petitioner to take legal recourse as permissible under the law.

The writ petition is disposed of accordingly. REKHA PALLI, J MAY 21, 2018 sr