Government Of NCT Of Delhi Thr Secretary (Land & Building Department) v. Rajvir Rana & ORS

$~A-15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 345/2015 GOVERNMENT OF NCT OF DELHI THR SECRETARY (LAND & BUILDING DEPARTMENT) ..... Appellant Through:

Mr.Yeeshu Jain, Adv.

versus RAJVIR RANA & ORS ..... Respondent Through:

Mr.Sanjay Sharawat and Mr.Ratish Kumar, Advs.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 15.02.2016 1.

This appeal is preferred against the order of the learned Single Judge dated 04.08.2014 in W.P.(C) 4843/2014. The Govt. of NCT of Delhi, the sole respondent in the writ petition is the appellant before us. 2.

The said writ petition was filed by the respondents herein assailing the order dated 02.05.2014 passed by the Land and Building Department, GNCTD rejecting their request for allotment of alternative plot in lieu of the land acquired for planned development of Delhi on the ground of delay in making the application. By the order under appeal, the learned Single Judge allowed the writ petition and directed consideration of the claim of the writ petitioners/respondents herein on merits.

3.

We have heard the learned counsel for both the parties. 4.

It is not disputed before us that the delay in making the application was only about three months. In identical circumstances in LPA

Nos.190/2015 and etc. GNCTD vs. Poonam Gupta, this Court by judgment dated 08.12.2015 dismissed the appeals preferred by GNCTD having found that there was not inordinate delay so as to defeat the rights of the respondents therein.

5.

The respondents herein are similarly placed and the delay of about three months in making the application for alternative land in the facts and circumstances of the case cannot be held to be inordinate delay. Hence, the order under appeal warrants no interference by us. 6.

Accordingly, following the judgment dated 08.12.2015 in GNCTD vs. Poonam Gupta, the appeal is hereby dismissed. CHIEF JUSTICE JAYANT NATH, J FEBRUARY 15, 2016/n