Ramesh Chand vs Land & Building Department
2013 Latest Caselaw 2489 Del

       *       IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Date of Decision: 24.05.2013

+      W.P. (C) No.3508/2013

       RAMESH CHAND                                                ..... Petitioner
                           Through:     Mr. N.S. Dalal, Advocate

                           versus

       LAND & BUILDING DEPARTMENT                            ..... Respondent

                           Through:     Mr. Sanjiv Sahay, Adv.

                                         AND

+      W.P. (C) No.3509/2013

       HIRA SINGH CHAUHAN                                          ..... Petitioner
                           Through:     Mr. N.S. Dalal, Advocate

                           versus

       LAND & BUILDING DEPARTMENT                            ..... Respondent

                           Through:     Mr. Sanjiv Sahay, Adv.

CORAM:

HON'BLE MR. JUSTICE V.K.JAIN
                  JUDGMENT

V.K.JAIN, J. (ORAL)

Notice. Mr Sanjiv Sahay accepts notice on behalf of the respondent. With

the consent of the parties, both these petitions are taken up for final disposal.

The case of the petitioner in CWP No. 3509/2013 is that the land of his

father in village Madan Pur Khadar was acquired vide Award No. 3/98-99.

Pursuant to the said acquisition, the petitioner claims to have applied for allotment

of an alternative plot in terms of the scheme for Large Scale Acquisition

Development and Disposal of Land in Delhi, notified by Government of India vide

its letter dated 02.05.1961. According to the petitioner, the aforesaid application

was made by him sometime in the year 2000 and was given File No. 32(39)

2/00/L&B/Alt. According to petitioner, his father expired and the death certificate

was submitted by him to the respondent vide his letter dated 11.07.2012 which was

duly received on 16.07.2012. The grievance of the petitioner is that no

recommendation has so far been made to DDA for allotment of an alternative plot

to him.

2. The grievance of the petitioner in CWP No. 3508/2013 is that the land of his

father Bhule Ram in village Madan Pur Khadar was acquired vide Award No. 3/98-

99. Pursuant to the said acquisition, the petitioner claims to have applied for

allotment of an alternative plot in terms of the Scheme for Large Scale Acquisition

Development and Disposal of Land in Delhi, notified by Government of India vide

its letter dated 02.05.1961. According to the petitioner, the aforesaid application

was made by him in the year 2000 and was given File No. 32(39) 3/00/L&B/Alt.

3. The writ petitions do not disclose how the petitioner alone is entitled to

allotment of an alternative plot in respect of the land which belonged to their father.

There is no averment in either writ petition that the petitioner is the sole legal heir

of his father or that the other legal heirs of the father of the petitioner had

relinquished their rights in respect of the alternative allotment in favour of the

petitioner. Therefore, it would be necessary for the respondents to examine all

these issues before taking up the applications stated to have been submitted by the

petitioners in these writ petitions for allotment of alternative plot. If, on a careful

examination of the matter and obtaining such documents as they may deem

appropriate in this regard, the respondents find that the land of the father of the

petitioner in CWP No. 3508/2013 and/or the land of the father of the petitioner in

CWP No. 3509/2013 was acquired, as stated in the said writ petitions, and are

further satisfied that the petitioner in CWP No. 3508/2013 and/or the petitioner in

CWP No. 3509/2013 are solely entitled to alternative allotments in respect of the

land alleged to have been acquired by the Government and further they also find

that the case of the petitioner in CWP No.3509/2013 and/or the petitioner in CWP

No. 3508/2013 has already matured for consideration but the scrutiny of the

application has not been undertaken, the same shall be carried out and completed

within a period of eight weeks from today and the objections, if any, shall be

communicated to the concerned petitioner within four weeks thereafter. Deficiency,

if any, shall be removed by the concerned petitioner within four weeks of receipt of

communication in this regard from the respondent. Appropriate decision on the

application of the petitioner for allotment of alternative plot shall be taken within

eight weeks of the petitioner removing the further deficiencies, if any, and will

thereafter be communicated to him by the respondent - Government of NCT of

Delhi. In cases where the applications have not so far been matured for

consideration, scrutiny of the applications would be taken up only when such

applications matures for consideration at its turn. Thereafter, the scrutiny will be

completed within a period of eight weeks from the date it is taken up and the

objections, if any, shall be communicated to the concerned person within eight

weeks thereafter. Deficiency, if any, shall be removed by the concerned person

within four weeks of receipt of communication in this regard from the respondent.

Appropriate decision on the application for allotment of alternative plot shall be

taken within four weeks of the removal of the deficiencies, if any, and will

thereafter be communicated to the person concerned by the respondent-

Government of NCT of Delhi.

4. It is made clear to the respondents that wherever this Court, by way of earlier

orders passed in other writ petitions, has directed the respondents to take up

scrutiny of the application for alternative allotment against acquisition of the land

and the land acquired by the Government was not owned by the petitioner before

this Court, but was owned by his/their father or some other relative, the respondent

Land & Building Department of Government of NCT of Delhi shall take up

scrutiny of the applications for alternative allotment at its turn only after satisfying

itself, on obtaining requisite documents in this regard and making such inquiries, as

it may deem appropriate, that the petitioner(s) before this Court alone is/are entitled

to allotment of an alternative plot against the acquired land of his/their

father/relative.

It is also directed that in all the cases where recommendations for allotment

of alternative plots under the Large Scale Acquisition Development and Disposal

of Land in Delhi is made, the recommendation letter shall be handed over

personally to the recommendee, after verifying his address and identity.

One copy of this order be sent to Principal Secretary, Land & Building,

Government of NCT of Delhi, within two days, for information and strict

compliance in all the cases.

Both the writ petitions stand disposed of in terms of this order.

V.K. JAIN, J

MAY 24, 2013 BG