Shri Krishna Solanki & ORS v. The Secretary (L&B) Department & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 708/2016, C.M. APPL.46759/2016 SHRI KRISHNA SOLANKI & ORS ..... Appellants Through : Sh. Malaya Kumar Chand with Sh.

Bhanu Pratap Yadav, Advocates.

versus THE SECRETARY (L&B) DEPARTMENT & ANR ..... Respondents Through : Ms. Jyoti Tyagi, Advocate.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.11.2017 The appellants had approached this Court under Article 226 of the Constitution, claiming directions for allotment of alternative plot in terms of the prevailing policies formulated by the Govt. of NCT of Delhi (GNCTD).

The appellants' father received compensation on 29.10.1986 for the lands acquired from him. He applied for alternative plot on 30.12.1986. The original land owner, i.e. the appellants' father died on 10.04.2010.

Learned Single Judge, after going through the facts held that this was an instance of inordinate delay and citing laches dismissed the writ petition.

The appellants, through their counsel, submit that the application for alternative plot was never decided on the merits and the claim was closed in default as it were. It is stated that though the LPA 708/2016

learned Single Judge noticed about the closure on 02.02.1994, the appellants' father wrote to the GNCTD in September 2002 pointingout that there were no defects in the claim. He also followed it with further letters in 2005-06.

This Court is of the opinion that there is no merit in the appeal; concededly, the appellants' father was last intimated about the closure of his claim by letter dated 07.11.2005 The appellants approached this Court in 2015 - after a 10-year delay. In these circumstances, there is no merit in the appeal. It is accordingly dismissed along with the pending application.

S. RAVINDRA BHAT, J SANJEEV SACHDEVA, J NOVEMBER 23, 2017/ajk LPA 708/2016