Narender Sharma v. Govt Of NCT Of Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 651/2016 & CM No.43289/2016 NARENDER SHARMA ..... Appellant Through:

Mr. R.K. Pandey, Adv.

versus GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Yeeshu Jain, Standing Counsel with Mr. Jyoti Tyagi, Adv.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 11.09.2017 1.

The appeal is directed against an order of the learned Single Judge who rejected the request of alternative plot. 2.

The appellant's lands were acquired by award issued in 1992-93; compensation was received on 03.11.1997. The original land owner had expired on 23.10.1988. The land owner's request for alternative plot was rejected on 05.03.1999 on the ground that the application was not made within one year from the date of receiving compensation. That order was never challenged. The belated grievance through writ proceedings was without success; the Single Judge observed that the 17 years delay given the circumstances and the clear stipulations in the policy, disentitled the appellant to relief.

LPA No.651/2016

3.

This Court notices that the reasoning of the Single Judge is supported by the two Division Bench rulings i.e. Sundari Bala v. Lt. Governor & Ors.; 86 (2000) DLT 505 and Hari Kishan Sharma v. Govt. of NCT of Delhi; 2011

(121) DRJ 257.

4.

In these circumstances, the Court is of the opinion that the laches in seeking the remedy of 17 years, was correctly held to be fatal to the claim for alternative plot.

The LPA lacks merit and the same is dismissed. S. RAVINDRA BHAT, J SUNIL GAUR, J SEPTEMBER 11, 2017 kks LPA No.651/2016