Dharam Raj vs Union Of India & Others
2009 Latest Caselaw 4045 Del

15
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 3271/2008

      DHARAM RAJ                  ..... Petitioner
                          Through              Advocate (name not given).

                    versus


      U.O.I & ORS               ..... Respondent
                          Through       Mr. Neeraj Chaudhari, CGSC with Mr.
                                        Khalid Arshad, Advocate for R-1 & 2.
                                        Mr. Nawal Kishore Jha, Adv. for MCD.

      CORAM:
      HON'BLE MR. JUSTICE SANJIV KHANNA

                       ORDER

% 07.10.2009

The petitioner claims right to an additional strip of land adjacent to

the property bearing No.44, Ram Puri Harijan Colony, Kalkaji, New Delhi.

The petitioner has placed reliance on letter dated 7th December, 1970, by

which the respondents had made an offer to allot the said additional strip

of land measuring 100 square yards on payment of consideration and cost

of Rs.6,000/-. The amount had to be paid within 15 days. The amount was

not paid and the proposal/offer had lapsed.

It, however, appears that the petitioner in 1971 occupied the said

additional strip of land and even made construction thereon. He later on

WPC NO.3271/2008 Page 1 filed a civil suit for injunction, which was subsequently withdrawn. It may

be noted that vide letter dated 31st August, 1981, the petitioner was

informed by the respondents that the additional strip of land can be

allotted to him on payment of Rs. 50,000/- within six weeks from the date

of issue of the said letter. This payment was not made. In 1991 the

petitioner deposited Rs. 6,000/-

The petitioner, it appears that has been in occupation of the

additional strip of land since 1971 and has also made construction thereon

up to two floors. Let the respondents examine the question whether the

additional strip of land can be allotted to the petitioner at today's market

price as per the new policy of 2000. This is a peculiar case as the

respondents since 1971 have not taken action for re-claiming the additional

strip of land, which was occupied and constructed upon by the petitioner.

Relist this matter again on 10th February, 2010.

Dasti to the counsel for the parties.

SANJIV KHANNA, J.

      OCTOBER 07, 2009
      NA




      WPC NO.3271/2008                                                Page 2