High Court of DelhiW.P.(C)/7103/2016

Mishri Devi v. Govt. Of NCT Delhi & ORS

2016-09-08Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7103/2016 MISHRI DEVI ..... Petitioner Through Mr.B.D.Sharma, Mr.Pramod Kumar and Ms.Shalu Jain, Advocates.

versus GOVT. OF NCT DELHI & ORS ..... Respondents Through Mr.Yeeshu Jain and Ms.Jyoti Tyagi, Advocates for R-1 and R-2.

Mr.Karan Sharma, Advocate for DDA/R-4.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 08.09.2016 Petitioner is aggrieved by the fact that no recommendation of allotment of alternate plot has been made in favour of the petitioner in spite of the land of the petitioner having been acquired. Record shows that a notification qua the land of the petitioner was issued on 06.6.1981 and Award dated 02.4.1993 was pronounced qua this land. Petitioner received his compensation on 19.5.1993. She applied for alternate plot 12 years later i.e. on 29.3.2005. Thereafter she had checked up his application in August, 2006 and again in November, 2006. The petition was filed in the year 2016. The facts as narrated above find clearly mentioned in the list of dates and have also been averred in the writ petition. The further averments in the writ petition disclose that the prayer of the petitioner

has not been answered.

Counter affidavit has not been filed but the learned counsel for the respondent no.1 and 2 states that he has instructions from the Department to submit that the petitioner had admittedly received her compensation qua the acquired land on 19.5.1993 but for 12 years she did not apply for allotment of an alternate plot. Submission is that this delay of 12 years is a clear hurdle in the way of the petitioner and her case has not been considered for the aforenoted reason. The last representation made by the petitioner was in November, 2006. This has been stated in the writ petition and the copy of the application finds mention in page 22 of the paper book; this application dated 14.11.2006 is in continuation of the earlier application of the petitioner filed on 21.8.2016. Since, the representation of the petitioner has not been answered by the Department, let the same be considered and answered in accordance with law within an outer limit of 8 weeks from today. With these directions, petition disposed of.

INDERMEET KAUR, J SEPTEMBER 08, 2016 ndn