Yudhvir Singh vs Land And Building Department
2015 Latest Caselaw 6227 Del

$~26
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 313/2014
       YUDHVIR SINGH                       ..... Petitioner
                    Through: Mr Devesh Pratap Singh, Adv.

                           versus

       LAND & BUILDING DEPARTMENT            ..... Respondent
                      Through: Mr Yeeshu Jain, Ms Jyoti Tyagi & Mr
                      Jaswant Kumar, Advs.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
                ORDER

% 24.08.2015

1. This is a writ petition whereby the petitioner seeks consideration of his application filed for allotment of an alternate land. The petitioner contends that his application was filed by him in 1987. Notice in the writ petition was issued on 17.01.2014. Since then, the respondent has filed its counter affidavit.

2. Mr Jain, who appears for the respondent, says that at least three letters were issued to the petitioner calling upon him to supply documents. Mr Jain says that these letters, which were issued to the petitioner, are dated: 25.09.2001, 10.04.2002 and 10.08.2007.

2.1 It is thus the stand of the respondent that since the documents were not supplied, the petitioner's file, evidently, was closed.

3. On the other hand, learned counsel for the petitioner says that these documents were supplied by hand as far back as on 12.02.1999. This aspect has been highlighted by the petitioner in the rejoinder filed on 04.02.2015.

4. Having regard to the above, I am of the view that the respondent needs to re-visit the issue. Accordingly, the respondent is directed to consider the application of the petitioner, in case, the file pertaining to the matter has been closed.

4.1 For this purpose, the recommendation committee of the respondent will issue a notice to the petitioner detailing out therein the date, time and venue where he is required to present himself. The notice will also indicate the details of documents, if any, which the petitioner is required to present before the recommendation committee. The petitioner will carry originals of the documents sought, if not already filed, whereupon the recommendation committee will afford a personal hearing to the petitioner. The recommendation committee will pass a speaking order; a copy of the same will be supplied to the petitioner.

5. Needless to say, the respondent will deliberate upon the matter with due expedition, though not later than five (5) months from today.

6. The writ petition is disposed of with the aforesaid directions.

RAJIV SHAKDHER, J AUGUST 24, 2015 kk