Champa vs Union Of India & Ors.
2014 Latest Caselaw 3852 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                 Judgment delivered on: 21st August, 2014

+                         W.P.(C) 5086/2014

CHAMPA                                                    ..... Petitioner
              Represented by:          Mr.N.S. Negi, Advocate.
              Versus
UNION OF INDIA & ORS.                                    ..... Respondents
              Represented by:          Mr.Yeeshu Jain, Advocate for
                                       Respondent Nos. 1 and 3 with
                                       Mr. G.Sudhakar, Additional
                                       Secretary and Mr. A.L.Madan,
                                       Deputy Secretary, Land and
                                       Building Department.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

1. Vide the instant petition, the petitioner is seeking directions against the respondents by quashing the letter dated 29.05.2014, whereby the application of the petitioner, which was filed on 26.05.2003, has been rejected as under:-

"Sub: Allotment of alternative plot in lieu of acquired land- reg.

Madam,

With reference to the above-mentioned subject, I am directed to inform you that your case for allotment of alternative plot in lieu of acquired land has been placed before the meeting of Recommendation Committee held on 16.04.2014 and it was decided by the Committee that the

application form is unsigned, hence could not be considered and, therefore, REJECTED."

2. This Court has come across number of cases, wherein this Department has taken number of years in deciding such applications. The applications are being rejected without giving any tangible reasons. Accordingly, before issuing notice to the respondents and put them to reply, vide order dated 12.08.2014, this Court called the concerned officers of the Department to explain as to why respondents' Department is taking this much of time in deciding such applications.

3. Accordingly, Mr. G.Sudhakar, Additional Secretary and Mr.A.L. Madan, Deputy Secretary from Land and Building Department are present in person.

4. Notice issued.

5. Mr.Yeeshu Jain, learned counsel accepts notice on behalf of the respondent Nos. 1 and 3 and submits that vide order dated 31.07.2013 passed in W.P.(C) No.5944/2010 and in connected matters, this Court directed the Constituted Committee to consider at least 250 applications, for allotment of alternative plots, in a month though the effort of the Committee shall be to consider as many applications as possible so as to liquidate the pendency at the earliest possible.

6. Further directed that number of officers/officials engaged exclusively in scrutinizing applications for allotment of altercative plots shall not be reduced by the Government, so long as the pendency does not come to a comfortable level or say 1000 applications.

7. In the case in hand, the respondents' Department rejected the

application dated 26.05.2003 filed by the petitioner merely on the ground of non-signing the same after more than a period of 11 years vide impugned communication dated 29.05.2014. However, the merit and eligibility of the applicant was not considered while rejecting the same.

8. This Court interacted with the officers present, who have come forward and undertaken that the applications filed by the applicants seeking allotment of alternative plot in lieu of the acquired lands shall be scrutinized by the respondents' Department within one month and if any deficiency is found, the same shall be communicated to the concerned applicant within one week thereafter with directions to remove such deficiency within fifteen days from the receipt of such communication.

9. Accordingly, it is directed that seniority of the application shall be considered from the date of removal of such deficiency and accordingly, the same shall be decided as per the seniority fixed by the respondents' Department.

10. This Court expects from the respondents to act accordingly as per the aforenoted undertaking given by their officers present in Court and directions passed.

11. So far as the present case is concerned, the petitioner shall visit the office of the respondents on 29.08.2014 at 11.00 AM for signing the application. Thereafter, respondents' Department is directed to decide the same in terms of the seniority. Since the respondents had not taken any step to rectify the deficiency in the application, therefore, seniority of the same shall be reckoned from 26.05.2003 itself.

12. Accordingly, the instant petition is allowed with the above observations.

13. Before parting with this petition, this Court has also come across a number of cases wherein the applications of the applicants for allotment of alternative plots have been rejected by the respondents on the ground of limitation.

14. It is an admitted fact that in the Delhi Land Reforms Act, 1954, period of limitation is not prescribed for moving such applications. Moreover, as per the Limitation Act, 1963, maximum limit is three years.

15. However, as per the guidelines made by the respondents Department, as informed by the learned counsel for the respondents, limit of moving such applications is now one year from the year 1993 onwards and before that the limitation period was three months only.

SURESH KAIT (JUDGE) AUGUST 21, 2014 sb