Smt. Shanti Devi vs Land And Building Department
2018 Latest Caselaw 5182 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Order: August 29, 2018

+      W.P.(C) 6160/2018
       SMT. SHANTI DEVI                                    ..... Petitioner
                     Through:            Mr. N.S. Dalal and Mr. Amit
                                         Dhankhar, Advocates
                    Versus

       LAND AND BUILDING DEPARTMENT            ..... Respondent
                    Through: Mr. Yeeshu Jain, Standing Counsel
                             with Ms. Jyoti Tyagi, Advocate
       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

(ORAL)

1. Impugned order of 1st February, 2017 rejects petitioner's application for allotment of alternate plot in lieu of acquired land on the ground that the requisite documents have not been supplied.

2. Learned counsel for petitioner draws attention of this Court to petitioner's letter of 28th October, 2016 (Annexure P-7) wherein petitioner had sought time to obtain and furnish the requisite documents. Learned counsel for petitioner submits that after the receipt of the requisite documents, the same have been supplied to respondent on 2 nd February, 2017 and the proof of submission has been handed over by petitioner's counsel to the Court. It is also submitted on behalf of petitioner that petitioner is an illiterate lady and if there is still any deficiency, then the documents sought would be furnished to respondent.

W.P.(C) 6160/2018 Page 1

3. At this stage, learned counsel for respondent points out that copy of petitioner's Aadhaar Card and Identity Card duly attested by a gazetted officer is also required to be furnished by petitioner. Learned counsel for petitioner submits that the needful would be done within four weeks from today.

4. In the facts and circumstances of this case, it is deemed appropriate to set aside the impugned order while subjecting petitioner to costs of rupees ten thousand to be deposited with the Prime Minister's National Relief Fund within a period of four weeks from today. After the receipt of deposit of costs is produced by petitioner before the respondent, petitioner's application filed on 3rd July, 2008 be reconsidered by respondent within a period of sixteen weeks. The fate of the said application be made known to petitioner within two weeks thereafter, so that petitioner may avail of the remedies as available in law, if need be. It is made clear that if there is any deficiency, it be communicated to petitioner within two weeks, so that petitioner can make good the deficiency and supply the requisite documents within four weeks thereafter.

5. With aforesaid directions, this petition is disposed of.

                                                       (SUNIL GAUR)
                                                          JUDGE
AUGUST 29, 2018
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W.P.(C) 6160/2018                                                       Page 2