Rashtra Kumar v. Union Of India & ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 172/2014 & C.M. No.306/2014 RASHTRA KUMAR ..... Petitioner Through Mr. R.S. Tomar, Adv.

versus UNION OF INDIA & ORS ..... Respondents Through Mr. Rajesh Gogna, CGSC for R-1.

Mr. Yeeshu Jan, Ms. Jyoti Tyagi and Ms. Goldy Goyal, Advs. for L & B.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 25.07.2016 The petitioner is aggrieved by the order dated 06.02.2013 vide which his application seeking allotment of an alternate plot had been rejected on the ground that out of total land of 24 bighas and 18 biswas, 23 bighas and 17 biswas was alone acquired and there was a balance of 1 bigha and biswas and as per the eligibility condition, since the entire land has not been acquired, the petitioner's case could not be considered for an alternate plot. The petitioner is stated to have filed a supplementary affidavit dated 10.05.2016 which is taken on record. In this affidavit, it is pointed out that the entire land of the petitioner stands acquired including 1 bigha and 1 biswas. Submission of the petitioner is that this 1 bigha and 1 biswas had in fact already been sold by the predecessor of the petitioner way back on 29.05.1956 i.e. much prior to the period of acquisition of the

present land. Submission being that this being the aforenoted factual position, the case of the petitioner should be considered afresh. The petitioner submits that he shall make representation before the competent body including the copy of the sale deed/sale deeds dated 29.05.1956.

The competent body shall consider the case of the petitioner in accordance with law and shall answer the same within eight months from the date of receipt of this order.

Petition disposed of.

Order dasti under the signature of the Court Master. INDERMEET KAUR, J JULY 25, 2016