Jai Bhagwan v. State (Govt. Of NCT Of Delhi) And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6520/2017 JAI BHAGWAN ..... Petitioner Through:

Mr Mukesh Gupta, Advocate.

versus STATE (GOVT. OF NCT OF DELHI) AND ANR ..... Respondents Through:

Mr Santosh Kumar Tripathi, ASC with Mr Rizwan, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.07.2017 CM No. 27042/2017 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(C) 6520/2017 & CM No. 27041/2017 3.

Issue notice. The learned counsel for the respondents accepts notice. 4.

The petitioner has filed the present petition, inter alia, praying as under:- "(i) implement the Cabinet Decision No.2141 dated 16.04.2015 issued vide No.3 / 3 / 2013 / GAD / CN /DSGAD-III/1732-1743 dated 23.04.2015, Govt.

of NCT of Delhi and the subsequent orders dated 25.04.2015 and 07.05.2015 issued by the office of Secretary (Revenue), GNCTD ordering an ex-

gratia relief of Rs.20,000/- per acre of affected area to the recorded owners on account of crops damage due to rains in the case of the Petitioner in entirety. (ii) pay the balance of the compensation amount for the area admeasuring 40 bigha 9 biswa comprised in Khevat No.165/147 village Auchandi, Delhi to the Petitioner forthwith."

5.

The petitioner claims that he had received a cheque for a sum of `11,664/- against compensation for crop damages in respect of parcel of land admeasuring 40 bighas 9 biswas.

According to the petitioner, the compensation payable is to be calculated on the basis of `14,000/- per acre. 6.

In view of the above, the petitioner had filed an application under the Right to Information Act, 2005 (hereafter 'the Act') requesting for information as to the proceedings in respect of his application and for the reasons for not being paid the compensation in accordance with the scheme. In response to the petitioner's application under the Act, the petitioner was informed that a compensation of `1,16,664/- had been paid vide cheque no.378550 which was received by one Shri Rajinder Singh. The petitioner claims that there is an obvious error that the said cheque for the sum as stated (`1,16,664/-) was not for that sum but only for `11,664/-. 7.

In view of the above, the respondents are directed to examine the petitioner's claim and rectify the error, if any. In the event, further compensation is payable to the petitioner, the same will be processed within a period of four weeks. In the event, the respondents are of the view that no further compensation is payable, they shall communicate the petitioner the reasons for the same within the aforesaid period.

8.

The petition and the pending application are disposed of with the aforesaid directions.

VIBHU BAKHRU, J JULY 31, 2017 MK