Devi Ram v. Government Of NCT Of Delhi & ANR

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9399/2017 & C.M. No.38298/2017 DEVI RAM ..... Petitioner Through:

Mr.A.K. Rajgopal, Adv.

versus GOVERNMENT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Yeeshu Jain with Ms.Jyoti Tyagi & Ms.Anya Singh, Advs. for GNCTD.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.05.2018 Vide the present petition, the petitioner has sought a direction to the respondents to recommend his name for allotment of alternative plot in lieu of his land acquired under the scheme of Large Scale Acquisition Development and Disposal of Land in Delhi, 1961. The petitioner has further sought a direction to the respondents to include his name in the seniority list of recommendees for the allotment of alternative plot in North Zone.

On the last date, learned counsel for the respondents had sought time to take instructions. Today, learned counsel for the respondents has produced the relevant records. The records have been perused. The record shows that the petitioner's application appears to have been rejected on the ground that he had not submitted the requisite documents. The record however, does not show as to

whether any notice or rejection letter was ever served on the petitioner and only copies of certain letters addressed to the petitioner are found on record. However, there is nothing to show that these documents were ever sent or delivered to the petitioner. It is the contention of the learned counsel for the petitioner that the petitioner has, till date, not been informed that his application has been rejected. In view of the aforesaid position, it becomes evident that no rejection order was ever issued and only an entry is contained in the note sheet recording that the petitioner's case has been rejected. In these circumstances, it is deemed appropriate to direct the respondents to consider the petitioner's application for allotment of alternative plot.

Since it is the respondents' plea that the petitioner had not submitted the requisite documents, they are directed to furnish a list of the documents required from the petitioner within four weeks to the petitioner with a copy thereof to learned counsel for the petitioner; who will then submit the requisite documents to the respondents within a period of another four weeks. Upon receipt of the documents from the petitioner, the respondents are directed to consider the petitioner's application on its own merits within 12 weeks by passing a reasoned and speaking order.

The writ petition along with pending application is allowed in the above terms, with no order as to costs.

REKHA PALLI, J MAY 11, 2018/gm gm