Shri Sudhir Kumar And ANR. v. Govt. Of N.C.T. Of Delhi

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6805/2018, CM No. 25884/2018 SHRI SUDHIR KUMAR AND ANR.

..... Petitioners Through:

Mr. Naresh K. Daksh, Adv.

versus GOVT. OF N.C.T. OF DELHI ..... Respondent Through:

Mr. Yeeshu Jain, Standing Counsel for L&B

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 01.08.2018 No counter affidavit has been filed.

1.

The present petition has been filed by the petitioners challenging the communication dated October 16, 2017 whereby their request for allotment of alternative plot has been rejected on the ground that the requisite documents i.e. Complete revenue record, SMC/R.Deed, Affidavit and Ownership status have not been furnished by them. 2.

Learned counsel for the petitioners has drawn my attention to page 8 of the writ petition to contend that the petitioners have submitted all the

documents and the same are available on the record of the respondent. He states, without joining any issue with the respondent, the petitioners are ready and willing, once again to submit the said documents as sought for, vide impugned communication to enable the respondent consider the petitioners' application for allotment of alternative plot, subject to any condition this Court may impose.

3.

Mr. Yeeshu Jain, learned Standing Counsel appearing for the respondent justifies the impugned communication dated October 16, 2017. He acknowledges the fact that this Court in a similar matter in the case of W.P. (C) 5186/2018, Bhanwar Singh vs. Land & Building Department, vide order dated May 22, 2018 has directed the petitioner / applicant to submit requisite documents, and for reconsideration of his application for allotment of alternative plot by the respondent, subject to payment of cost of Rs.15,000/-.

4.

Noting the submissions made, and in view of order of this Court in Bhanwar Singh (supra) the communication dated October 16, 2017 is set aside. The petitioners shall furnish the documents named in the communication dated October 16, 2017 within six weeks from today. If any deficiencies are found in the documents submitted by the petitioners, the

same shall be communicated to the petitioners within two weeks of consideration by the Recommendation Committee. The deficiencies if any shall be cured by the petitioners within two weeks thereafter. The respondent through its Committee shall consider the documents and decide the application on merits and communicate the decision to the petitioners. The reconsideration is subject to payment of cost of Rs.15,000/- to be deposited with the Delhi High Court Advocates Welfare Trust within four weeks from today. The petitioners shall submit the proof of deposit of cost to the respondent along with the documents.

5.

The petition is disposed of as such. If the petitioners are still aggrieved by the order to be passed by the respondent, liberty shall be with the petitioners to seek such remedy as available in accordance with law. CM No. 25884/2018 Dismissed as infructuous.

V. KAMESWAR RAO, J AUGUST 01, 2018/aky