Delhi High Court
Subinder Singh Tokas vs Land & Building Department on 17 August, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 17, 2018
+ W.P.(C) 8386/2016
DEEP CHAND ..... Petitioner
Through: Mr. N.S.Dalal & Mr. Devesh
Pratap Singh, Advocates
Versus
LAND & BUILDING DEPARTMENT ..... Respondent
Through: Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate
+ W.P.(C) 8458/2016
SUBINDER SINGH TOKAS ..... Petitioner
Through: Mr. N.S.Dalal & Mr. Devesh
Pratap Singh, Advocates
Versus
LAND & BUILDING DEPARTMENT ..... Respondent
Through: Mr. Yeeshu Jain, Standing Counsel
with Ms. Jyoti Tyagi, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. In the above captioned two petitions, denial of consideration of
application for alternate plot in lieu of acquired land is under challenge by
placing reliance upon order of 8th November, 2017 of a Division Bench of
W.P.(C) 8458/2016
this Court in LPA No. 276/2017, titled as Shri Jai Bhagwan Vs. Land &
Building Department.
2. With the consent of counsel for the parties, the above captioned
petitions, being identical, have been heard together and are being
disposed of by this common order.
3. Petitioners in pursuance to Circular of 14th September, 1987 had
applied for allotment of alternate plot on 9th November, 1987 and their
grievance is that despite reminder issued to respondent in the year 2011,
their application has not been considered and decided.
4. In the counter affidavit filed by respondent, the stand taken is that
despite issuance of letters in the years 2000 and 2007, requisite
documents were not supplied by petitioners and in November, 2011, a
reminder was sent for inclusion of name of their grandmother in the
seniority list.
5. Upon hearing and on perusal of material on record and the decision
cited, I find that counter affidavit filed by respondent is silent on the
aspect as to whether the requisite documents were supplied by petitioners
or not. The stand of petitioners is that all documents asked for were
supplied. In view of Division Bench's decision in Shri Jai Bhagwan
(Supra), petitioners are entitled for consideration of the application of
their grandmother for allotment of alternative plot.
6. The above captioned petitions are disposed of with direction to
respondent to consider afore-referred application of 9th November, 1987
within three months. If any document is still required, its intimation be
given to petitioners within four weeks from today, who shall make good
W.P.(C) 8458/2016
the deficiency within four weeks thereafter. It is made clear that the delay
aspect shall be considered by respondent in the light of Notice of 22nd
January, 1989 while dealing with petitioner's application for allotment of
alternate plot. The fate of petitioners' application be made known to
petitioners within two weeks of disposing of the said application, so that
they may avail of the remedies, as available in law, if need be.
7. With aforesaid directions, these petitions are accordingly disposed
of.
(SUNIL GAUR)
JUDGE
AUGUST 17, 2018
r
W.P.(C) 8458/2016
