Delhi High Court
M S K.C. Sharma Company vs Union Of India & Anr. on 19 January, 2023
Neutral Citation Number: 2023/DHC/000504
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on: 19th January, 2023
+ W.P.(C) 13560/2022 & CM APPL. 41307/2022
M S K.C. SHARMA COMPANY ..... Petitioner
Through: Mr. Raj Kumar Sharma with
Mr. Pradeep Kr. Sharma,
Advocates.
(M): 9811077524
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Yeeshu Jain, Standing
counsel with Ms. Jyoti Tyagi,
Advocates.
(M): 9811394417
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
[Physical Hearing/ Hybrid Hearing]
MINI PUSHKARNA, J. (ORAL):
1. By way of the present writ petition, the petitioner seeks
directions against the respondents for considering the case of the
petitioner for allotment of alternative plot of land in lieu of acquisition
of the land bearing khasra no. 14/9(4-09), 12(4-16), 17(4-16), 18(4-
16), 19(4-16), 20/1(2-12), 23(4-16), 24(5-10) total measuring 36
bighas 11 biswas at Village Lohar- Heri Palam vide award no. 161-86-
87 dated 19.09.1986.
2. It is submitted that vide judgment dated 14.08.2020 in Civil
Appeal no. 9049/2011, the Supreme Court has upheld the entitlement
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:24.01.2023
10:07:35
Neutral Citation Number: 2023/DHC/000504
of the petitioner company to the extent of 87% of the amount of
compensation, as was held by the Learned ADJ vide its order dated
28.09.1989. The balance 13% compensation was given to Gaon Sabha
against the acquisition of the land in question. Thus, it is submitted
that the petitioner is entitled for alternative allotment of land, as per
the policy of the respondents.
3. Mr. Yeeshu Jain, standing counsel appearing for the
respondents submits that all the persons who are entitled for
alternative allotment of plots have already been allotted the said plots.
Thus, he submits that the petitioner as such has no case for alternative
allotment of land.
4. Considering the submissions made before this Court, it is
deemed expedient to dispose of the present writ petition with
directions to the respondents to consider the present writ petition as
representation and consider the case of the petitioner.
5. However, it is directed that all rights and contentions of the
parties are kept open and this Court has not expressed any opinion on
the merits of the case.
6. The respondents are given liberty to consider the representation
of the petitioner for alternative allotment of land on merits. The
respondents would also be at liberty to ask for any other documents
that may be required for the purposes of considering the case of the
petitioner.
7. Learned counsel for the petitioner submits that all requisite
documents have already been submitted to the respondents. However,
in case, there are any further documents that may be required by the
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:24.01.2023
10:07:35
Neutral Citation Number: 2023/DHC/000504
respondents, the petitioner may submit the same with the respondents.
8. It is directed that the representation of the petitioner shall be
decided expeditiously by the respondents, preferably within a period
of 10 weeks from today.
9. The petitioner shall be called for hearing by the respondents and
given a personal hearing at the time of adjudication of his
representation.
10. With the aforesaid directions, the present writ petition is
disposed of along with pending applications.
MINI PUSHKARNA, J
JANUARY 19, 2023
c
Signature Not Verified
Digitally Signed By:PURAN
Signing Date:24.01.2023
10:07:35
