Kishan & Ors vs Government Of Nct Of Delhi & Anr
2014 Latest Caselaw 7018 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

              Judgment delivered on: 19th December, 2014

+       W.P.(C) 4814/2013

KISHAN & ORS                                          ..... Petitioners
                              Represented by: Mr. R.K. Saini and
                              Mr. Vikas Saini, Advs.

                     versus

GOVERNMENT OF NCT OF DELHI & ANR         ..... Respondents
                  Represented by: Ms. Shobhana Takiar,
                  Adv. for R1 and R2.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (Oral)

CM. NO. 20740/2014 (for Preponement)

1. Notice issued.

2. Ld. Counsel named above accepts notice on behalf of the respondent

3. Keeping in view the averments made in the instant application and submission of ld. Counsel for the applicant, instant application is allowed.

+ W.P.(C) 4814/2013

1. Vide the present petition, petitioners seek direction thereby quashing the action of respondent nos. 1 and 2 in rejecting the

applications of the petitioners for allotment of alternative plot of land in lieu of the acquired land, being illegal, arbitrary, malafide, discriminatory and unjust in violation of the Rules, Regulations, Policy and principles of equity, justice and good conscience and consequently the rejection order / letter / minutes of meeting of the committee dated 25.06.2013.

2. Further seeks direction to respondent nos. 1 and 2 to recommend the case of the petitioners to DDA for allotment of an alternative plot of land of 80 Sq. Yds., as per their entitlement, in lieu of compulsory acquisition of the land.

3. Vide order dated 28.11.2014, respondents right to file counter-affidavit has been forfeited.

4. The petitioner is aggrieved by the Minutes of the Meeting of the Committee dated 25.06.2013, whereby the Committee noticed that vide letter dated 15.05.2008 issued by the Assistant Director (SZ) Slum and J.J. Department, MCD, plot nos. 14/463, 14/464 and 14/465 situated at Dakshin Puri Extension have been allotted in the names of Sh. Jai Krishan, Sh. Hari Krishan and Sh. Tipu Ram( the petitioners).

5. Accordingly, recorded that since the petitioners are owning a plot in the urbanised area of Delhi, hence they are not covered under the Policy. Accordingly, their applications have been rejected.

6. On perusal of the aforesaid order, it is revealed that the said properties were allotted to the petitioners on licence fee basis and after removal of their Jhuggis from Sukhdev Basti, Okhla in the resettlement Scheme, it does not create the ownership of the petitioners. Thus, this order is illegal and liable to be set aside.

7. Accordingly, while setting aside the Minutes of the Meeting dated 25.06.2013 qua the petitioners, respondents are directed to consider the applications of the petitioners afresh within two weeks, if they are otherwise eligible for the plots, as per the scheme.

8. In view of the petition is allowed.

9. Date already given, i.e., 06.02.2015 is hereby cancelled.

SURESH KAIT, J

DECEMBER 19, 2014 Jg/RS