Delhi High Court
Phoolwati vs Union Of India & Others on 14 October, 2009
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 12427/2009
PHOOLWATI ..... Petitioner
Through Mr. Manoranjan, Adv.
versus
UOI & ORS. ..... Respondent
Through Mr. S.P. Sharma, Adv. for R-1.
Ms. Sangeeta Chandra, Adv. for
DDA.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 14.10.2009
The petitioner prays for issue of direction to the respondents to
allot an alternative plot. Counsel for the petitioner in this regard relies
upon order dated 6th October, 2005, passed in W.P.(C) No.2036/2002. A
perusal of the said order reveals that the petitioner had relied upon
proviso to Section 21 of the Delhi Development Act, 1957 and had prayed
for re-transfer of the acquired land on the ground that the DDA wanted to
sell the said land without any development. The said contention was
rejected and the writ petition was dismissed.
2. Learned Judge noticed that the petitioner had filed written synopsis
WPC No.12427/2009 Page 1
running into 7 pages and had made allegations and averments beyond
what was pleaded in the writ petition. In the written synopsis the
petitioner had claimed that she is entitled to alternative plot as
agricultural land had been acquired. No such plea or prayer was made in
the writ petition.
3. Learned single Judge in paragraph-15 of the decision dated 6th
October, 2005 has specifically recorded that the Court had declined to
grant any relief to the petitioner as prayed for. Thereafter, the learned
single Judge has observed that in case the petitioner had made a requisite
application for allotment of an alternative plot, the same would be
processed and considered, if the petitioner is found to be entitled to an
alternative plot.
4. This cannot be regarded as a direction issued by the Court to allot
an alternative plot to the petitioner. In fact the petitioner's claim for
alternative land was rejected in 1981.
5. The petitioner has filed copy of the order dated 4th November,
1999, passed in W.P.(C) No.3217/1996. In this writ petition, the petitioner
had made a specific prayer for grant of alternative land. This writ petition
was dismissed vide order dated 4th November, 1999. It is apparent that
this order dated 4th November, 1999, was not brought to the notice of the
WPC No.12427/2009 Page 2
Court when W.P.(C) No.2036/2002 was disposed of. The order dated 4th
November, 1999 records that the application for allotment of an
alternative plot was treated as rejected vide letter dated 7th March, 1981
issued by the Secretary, Land and Building, Government of NCT of Delhi.
Thereafter, the petitioner's name was withdrawn from the draw of lots.
The relevant portion of the said order reads as under:-
"The land stood acquired by Award
dated 21st November, 1963, the
compensation of the acquired land was
paid. The land was placed at the disposal of
the DDA by way of notification under
section 22(1) of the DDA Act dated 3rd
January, 1968. The petitioner has not
established any right, title, or interest in the
land and the possession of the petitioner on
the land in question is that of an
encroacher/trespasser. The petitioner/her
husband slept over their rights from March,
1981. The recommendations in favour of
the petitioner had also been withdrawn.
The petitioner has concealed material facts
from this Court. He is also guilty of delay
and latches in approaching this Court. The
letter was withdrawn in 1981 whereas the
writ petition has been filed in 1996. The
petitioner is not entitled to exercise of
discretion in her favour under Article 226 of
the Constitution. In the circumstances there
is not merit in the writ petition.
Dismissed. No order as to cost.
Sd/-
C.K. Mahajan
Judge"
WPC No.12427/2009 Page 3
6. The order dated 4th November, 1999, passed in W.P.(C) 3217/1996
has become final and binding on the petitioner. The said order operates as
res judicata. The petitioner cannot be permitted to raise the same issue
again. The writ petition is dismissed.
SANJIV KHANNA, J.
OCTOBER 14, 2009
NA
WPC No.12427/2009 Page 4
