Delhi High Court

Dilraj Singh vs Land & Building Department & Anr. on 1 August, 2013

Author: Manmohan

6 to 29
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*      IN THE HIGH COURT OF DELHI AT NEW DELHI
6.
+      W.P.(C) 3556/2013

        DILRAJ SINGH                       ..... Petitioner
                                 Through   Mr. N.S. Dalal with Mr. Amit Rana,
                                           Mr. Devesh Pratap Singh, Mr. Amit
                                           Rana and Mr. Aditya Bhadoo,
                                           Advocates.
                        versus

        LAND & BUILDING DEPARTMENT & ANR.           ..... Respondents

Through Mr. Sanjay Poddar, Senior Advocate with Ms. Rachana Srivastava with Mr. Utkarsh Sharma, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Mr. Pankaj Batra, Advocate for R-2.

AND

+       W.P.(C) 3557/2013

        DILBIR SINGH                       ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Ms. Rachana Srivastava with Mr. Utkarsh Sharma, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

AND

+       W.P.(C) 3558/2013

        SURAT SINGH                            ..... Petitioner
                                Through        Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Mr. Joginder Sukhija with Mr. Yogesh Yogi, Advocates for R-2.

AND

+       W.P.(C) 3566/2013

        DILBAGH SINGH                 ..... Petitioner
                                Through        Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Avinash Lakhanpal, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Mr. Joginder Sukhija with Mr. Yogesh Yogi, Advocates for R-2.





                                 AND

+       W.P.(C) 3567/2013

        HAR PYARI                                             ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Panda, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Ms. Shobhna Takiar with Ms. Ritagya Riti, Advocates for R-2.

AND

11.

+       W.P.(C) 3568/2013

        SHANTI                                                ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Panda, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

AND

12.

+       W.P.(C) 3569/2013

        DALJEET SINGH                     ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Panda, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Mr. Omar Siddiqui Advocate for Ms. Ferida Satarawala, Advocate for R-2.

AND

13.

+       W.P.(C) 3572/2013

        RAMESH SINGH                                          ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT AND ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. B. Mahapatra, Advocate for R-1.

AND

14.

+       W.P.(C) 3573/2013

        AMAR SINGH                                            ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. B. Mahapatra, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Mr. Arjun Pant, Advocate for R-2.

AND

15.

+       W.P.(C) 3574/2013

        ATTAR SINGH                       ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Sanjay Kumar Pathak, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

AND

16.

+       W.P.(C) 3575/2013

        RAJENDER SINGH                                ..... Petitioner
                      Through            Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

                                AND


+       W.P.(C) 3576/2013

        RAMBEER SINGH & ANR.            ..... Petitioners
                      Through     Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Panda, Advocate for R-1.

Ms. Anuja Saxena and Mr. Yogesh Bhardwaj, Advocates for R-2.

AND

18.

+       W.P.(C) 3578/2013

        NITIN & ANR.                            ..... Petitioners

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.


                                AND


+       W.P.(C) 3580/2013

        MOHINDER SINGH                    ..... Petitioner
                     Through              Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus





                                  AND


+       W.P.(C) 3581/2013

        RANDHIR SINGH                            ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

Mr. Arjun Pant, Advocate for R-2.

                                 AND

+       W.P.(C) 3584/2013

        SARUP SINGH                                     ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus





                                  AND

+       W.P.(C) 3585/2013

        JASWANT SINGH & ORS.                           ..... Petitioners
                      Through             Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

Ms. Anuja Saxena and Mr. Yogesh Bhardwaj, Advocates for R-2.

                                 AND


+       W.P.(C) 3586/2013

        OMBIR SINGH & ANR.                      ..... Petitioners
                       Through            Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Pandey, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.





                                 AND

+       W.P.(C) 3589/2013

DHARAM PAL SINGH & ORS. ..... Petitioners Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

Ms. Shawana Bari, Advocate for Mr. Rajiv Nanda, Advocate for respondent No.2.

                                AND

+       W.P.(C) 3591/2013

        SHEHZAD DAGAR & OTHERS.      ..... Petitioners

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Avinash Lakhanpal, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

                                AND






+       W.P.(C) 3592/2013

        NARESH KUMAR                      ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Sanjay Poddar, Senior Advocate with Mr. Avinash Lakhanpal, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building. Ms. Purnima Maheshwari, Advocate for respondent No.2.

                                AND

+       W.P.(C) 3595/2013

        ISWAR SINGH & ORS.                ..... Petitioners
                       Through            Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Panda, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building. Ms. Purnima Maheshwari, Advocate for respondent No.2.

                                AND






+       W.P.(C) 3596/2013

        SUNIL & ANR.                      ..... Petitioner

Through Mr. N.S. Dalal with Mr. Amit Rana, Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Pandey, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Ms. Shawana Bari, Advocate for Mr. Rajiv Nanda, Advocate for respondent No.2.

AND

29.

+       W.P.(C) 3630/2013

        NARESH & OHTERS                   ..... Petitioners
                      Through             Mr. N.S. Dalal with Mr. Amit Rana,

Mr. Devesh Pratap Singh, Mr. Amit Rana and Mr. Aditya Bhadoo, Advocates.

versus

LAND & BUILDING DEPARTMENT & ANR. ..... Respondents Through Mr. Sanjay Poddar, Senior Advocate with Mr. Siddharth Pandey, Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

% Date of Decision: 01st August, 2013.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

JUDGMENT MANMOHAN, J (Oral):

1. Present batch of writ petitions has been filed seeking a direction to the respondents to pass an order recommending allotment of an alternative plot in lieu of acquisition of petitioners' land in the year 1980.

2. It is the case of the petitioners that their applications for allotment of an alternative plot have not been decided for more than twenty-five years.

3. Learned counsel for petitioners states that all applications for allotment of alternative plots till the year 2000 have been processed.

4. Mr. Sanjay Poddar, learned senior counsel for respondent No.1 fairly states that similar writ petition being W.P.(C) 1027/2013 Sukhbir Singh vs. Govt. of NCT of Delhi has been disposed of by this Court on 07th May, 2013.

5. This Court has perused the aforesaid order dated 07th May, 2013 and is of the opinion that the present batch of writ petitions need to be disposed of in similar terms. Accordingly, the petitioners before this Court are directed to file affidavits with Govt. of NCT of Delhi within two weeks from today stating therein:-

1. Their land/land of their father/husband, as the case may be, was acquired by Govt. of NCT of Delhi for planned development of Delhi.

2. They/their father/husband, as the case may be, had taken compensation in respect of the acquired land from the Government and have not refunded the

said compensation to the Government.

3. They have not taken back possession of the acquired land and have not encumbered the same or otherwise dealt with it in any manner.

4. The acquisition of the aforesaid land has not been challenged by them before any forum.

5. They had applied to the Govt. of Delhi for allotment of alternative plots.

6. The petitioners shall also give full details of their application seeking allotment of alternative plots in their respective affidavits. On filing of the aforesaid affidavit, the applications if already submitted shall be duly processed by the respondent/Govt. of NCT of Delhi on maturity of their turn, computed from the date of submission of the application or as per their policy, in case the policy provides otherwise.

7. It is made clear that the petitioner shall not be entitled to any out of turn consideration of their application. The scrutiny shall be completed within a period of twelve weeks from the date of submission of the affidavit in terms of this order provided the turn of the concerned petitioner has matured for such consideration. The objections, if any, shall be communicated within two weeks of completing the scrutiny and the deficiencies, if any, shall be removed within four weeks thereafter. The final decision, on the application seeking alternative allotment shall be taken by the Govt. of NCT of Delhi within a period of 12 weeks of the deficiencies being removed in all respect and shall be communicated to the persons concerned within two weeks thereafter.

8. Delhi Development Authority is directed to intimate to Govt. of NCT of Delhi, within a period of four weeks from today, as to whether the land, subject

matter of these writ petitions continues to be in its possession or not. Such intimation shall be given separately, in respect of all the petitions.

All the writ petitions and CMs stand disposed of in terms of this order.

MANMOHAN, J AUGUST 01, 2013 js