High Court of DelhiW.P.(C)/10060/2016

Sampat Raj Chordia v. Govt Of NCT Of Delhi And ORS

2018-05-09Hon'Ble Ms. Justice Rekha Palli2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10060/2016 & C.M.No.19165/2018 SAMPAT RAJ CHORDIA ..... Petitioner Through Mr.Pooja Wason, Adv.

versus GOVT OF NCT OF DELHI AND ORS ..... Respondent Through Mr.Santosh Kr.Tripathi, ASC for GNCTD.

Mr.N.S.Dalal with Ms.Toral Banerjee, Advs for R4 to 10.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 09.05.2018 Vide the present petition, the petitioner has impugned the order dated 07.10.2016 passed by the Financial Commissioner in Revision Petition no. 397/2010 as also Resolution no.155 dated 16.09.2010 passed by the Consolidation Officer/respondent no.3. Vide the impugned order, the Financial Commissioner has upheld the orders of the revenue authorities, whereby it had been held that in view of the Rule 6 of Delhi Holdings (Consolidation and Prevention of Fragmentation) Rules, 1959, the petitioner who was not a resident of Village Khera Kalan, Delhi, was not entitled to be allotted a plot within the extended Lal Dora of the village. The aforesaid issue has already been decided by a Division

Bench of this Court in Raghubir Singh & Ors. vs. Financial Commissioner & Ors., W.P.(C)No.7392/2002, wherein it has been held that a person, who is not a resident of the village, would not be entitled to allotment of plot within the extended Lal Dora of the Village. Relying on the aforesaid decision of the Division Bench, a Co-ordinate Bench of this Court had also vide its order dated 23.05.2017 dismissed a similar petition being Om Prakash Somani vs. Govt. Of NCT of Delhi, W.P.(C)No.11375/2016. Learned counsel for the petitioner concedes that the present case is squarely covered by the decision of this Court in the case of Om Prakash Somani (supra). It is also not disputed by learned counsel for the petitioner that the decision of this Court in the case of Om Prakash Somani (supra), has attained finality as both the LPA No.455/2017 and SLP No.24222/2017 against the said order stand dismissed.

Accordingly, the writ petition alongwith pending application is dismissed with no order as to costs.

REKHA PALLI, J MAY 09, 2018 sr