Rajender Singh vs Government Of Nct Of Delhi & Ors
2015 Latest Caselaw 4648 Del

$~WPC-1
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    R.P. No.105/2014 in W.P.(C) 431/2014
     RAJENDER SINGH                             ..... Petitioner
                   Through : Mr. Digvijay Rai and
                   Mr. Dhiraj Singh, Advocates with petitioner
                   in person.

                       versus

     GOVERNMENT OF NCT OF DELHI & ORS        ..... Respondent
                  Through : Ms. Jyoti Tyagi, proxy counsel for
                  Mr. Yeeshu Jain, Advocate for R-1 & 2.
                  Ms. Archna Gaur, Adv. for R-3/UOI.

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                     ORDER

% 02.07.2015 R.P. No.105/2014 (by the petitioner u/O XLVII R-1 r/w Sec.151 CPC for review of the order dated 21.1.2014)

1. The present review petition has been filed by the petitioner

praying inter alia for reviewing the order dated 21.1.2014, whereunder

the writ petition was dismissed in the light of the decision of the

Supreme Court in the case of 'DDA & Another vs. Jai Singh Kanwar &

Ors.' passed in Civil Appeal No.8289/2010.

2. Notice was issued on this application on 15.4.2014, whereafter

pleadings were completed. In the rejoinder to the reply filed by the

respondent no. 1 and 2, the petitioner has pointed out that though his

case had not been recommended by the Land & Building Department

for allotment of an alternative plot in lieu of the acquired land, the

case of Shri Satvir Singh, one of the siblings of the petitioner, who is

similarly placed, was duly recommended by the Committee constituted

by the Land and Building Department, as would be apparent from the

minutes of the meeting dated 1.10.2014 (Annexure-P-11).

3. On 10.4.2015, counsel for the respondents No.1 & had sought

time to obtain instructions. Today, learned counsel for the said

respondents states that she has not received any instructions from the

department despite repeated requests made to that effect.

4. Having regard to the fact that minutes of the meeting dated

1.10.2014 of the Recommendation Committee constituted by the Land

& Building Department for recommendation of alternative plot clearly

reflects that Shri Satvir S/o Hari Singh (at Sr. No.659), a sibling of the

petitioner, who is similarly placed as the petitioner herein, was held

entitled to an alternative allotment of a plot measuring 250 sq. yards,

apart from the compensation received by him, this Court is of the

opinion that the petitioner cannot be treated on a different footing.

5. Accordingly, the present review petition is disposed of with

directions issued to the respondents to place the petitioner's case

afresh before the Recommendation Committee for reconsideration in

accordance with law. The decision taken by the Committee shall be

communicated by the respondent no. 1 and 2 to the petitioner

preferably on or before 30.9.2015.

6. If the grievance of the petitioner still survives, he shall be

entitled to seek his remedies in accordance with law.

7. The review petition is disposed of.

HIMA KOHLI, J JULY 02, 2015 sk/ap