Delhi High Court
Govt.Of Nct Delhi Thr.Secretary, ... vs Jitender & Anr. on 28 April, 2017
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 310/2017
Date of Decision: 28.04.2017
GOVT.OF NCT DELHI THR.SECRETARY, L&B..... Appellant
Through: Mr.Biraja Mahapatra, Advocate
versus
JITENDER & ANR. ..... Respondents
Through:
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT (ORAL)
ANU MALHOTRA, J
CM No.15917/2017 (for exemption)
Exemption allowed, subject to just exceptions.
CM No.15916/2017 (condonation of delay)
Having heard learned counsel for the appellant, we are satisfied
that the appellant has adequately explained the delay of 181 days
which has occasioned in filing the appeal within the statutory period
of limitation.
The delay in filing the appeal is condoned.
The application is allowed.
LPA 310/2017
1. The appellant assails the order dated 29th August, 2016 by the
learned Single Judge in WP(C) 10963/2015 wherein the learned
Single Judge was pleased to accept the explanation given by the
respondent No.1 for the delay in seeking allotment of an alternate plot
against acquisition of his land which had been rejected by the
appellant on the sole ground that it was beyond the one year
calculated from the date when the compensation was received by him
towards the acquisition.
By the impugned order dated 29th August, 2016, the learned
Single Judge has directed the appellant herein to re-consider the
application of the respondent No.1 for allotment of an alternative plot,
on merits.
2. Our attention is drawn to the order dated 22nd March, 2017
dismissing the LPA No.138/2017 Government of NCT of Delhi v.
Sanjay & Ors. and LPA No. 139/2017 Govt. of NCT of Delhi v.
Dhan Raj & Anr..
3. LPA No.138/2017 was filed by the Government of NCT of
Delhi challenging similar order passed in WP(C) No.8636/2016 Dhan
Raj V. Government of NCT of Delhi & Anr. and W.P.(C) No.
8566/2016 titled Sanjay & Ors. v. Government of NCT of Delhi &
Anr..
4. It appears that these writ petitions were filed by the persons
who were placed similarly as Jitender (respondent No.1 herein). Writ
Petition (Civil) No.10963/2015 titled Jitender v. Government of NCT
of Delhi & Anr. was filed challenging failure to consider his
application for grant of alternate plot upon acquisition of his land.
After considering the case of the writ petitioners with the verdict of
the Division Bench of this Court in LPA 190/2017 titled Government
of NCT of Delhi (Through Secretary ) v. Poonam Gupta the writ
petition No. 10963/2015 was allowed by the learned Single Judge.
By way of LPA 138/2017 Govt. of NCT of Delhi v. Sanjay & Ors and
LPA 139/2017 Govt. of NCT of Delhi v. Dhan Raj & Anr., the
challenge by the Government of NCT of Delhi to orders passed by the
learned Single Judge was rejected by this Court by the order dated
22nd March, 2017 holding as follows:
" 7. The material available on record shows that the
respondents herein/writ petitioners made applications
for allotment of an alternate plot in the year 2003 in
terms of the scheme. Long thereafter, in the year
2015 their applications were rejected as time barred
on the ground that the applications were made beyond
the prescribed time of one year. Aggrieved by the
same, the respondents herein filed W.Ps.(C)
No.8636/2016 and 8566/2016 respectively. The
learned Single Judge found that in W.P.(C)
No.8566/2016 there was delay of 7 days and in
W.P.(C) No.8636/2016 there was delay of 4 days in
making the application for alternative plot. The
learned Single Judge was, therefore, of the view that
the negligible delay of 4 days and 7 days should not
come in the way of considering their claims on merits.
Accordingly by the orders under appeal, the rejection
orders were set aside and the writ petitions were
disposed of with a direction to consider the
applications of the writ petitioners on merits.
8. The said orders, in our considered opinion,
warrant no interference on any ground whatsoever."
5. We find that the case of the appellants in LPA No. 138/2017
Govt. of NCT of Delhi v. Sanjay & Ors and LPA No. 139/2017 Govt.
of NCT of Delhi v. Dhan Raj & Anr. is similar to the case of the
present respondent Jitender. We see no reason at all to take a
different view in the present matter.
6. In the present case, the learned Single Judge has accepted the
explanation of the respondent for the delay which was occasioned in
making the application for an alternate plot.
7. The impugned order dated 29th August, 2016 does not warrant
any interference.
8. In view of the above, we find no merits in the appeal.
ANU MALHOTRA, J
ACTING CHIEF JUSTICE
APRIL 28, 2017/sv
