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2021 Supreme(Del) 1206
IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Vinod Kumar Gupta - Appellant
Versus
SDM(HQ) & Ors. - Respondents
W.P. (C) 4358/2021 & CM Appl. 13283/2021
Decided On : 16-08-2021
Important Points
Subject
Land Acquisition - Allotment of Alternative Plot
Headnote
Rejection of Allotment Application - Land Acquisition - Submission of Requisite Documents
Fact of the Case:
The petitioner's application for allotment of an alternative plot in lieu of land acquisition was rejected due to failure to submit the requisite documents within 15 days.
Finding of the Court:
The court set aside the impugned order and remitted the matter to the Recommendation Committee for reconsideration, directing them to give the petitioner an opportunity for a personal hearing and to pass a fresh speaking order expeditiously.
Issues: Rejection of allotment application, failure to submit requisite documents
Ratio Decidendi: The court found that the petitioner had produced the sale deed of the subject property, which rendered the basis of the impugned order invalid.
Final Decision: The impugned order was set aside, and the matter was remitted to the Recommendation Committee for reconsideration with directions to provide the petitioner with a personal hearing and pass a fresh speaking order expeditiously.
Mr. Amit Mahajan with Mr. Arun Khatri, Advocates, for the Petitioner; Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate, for the Respondent Nos. 2 & 3
JUDGMENT
Sanjeev Sachdeva, J.:-- (Oral)
1. The hearing was conducted through video conferencing.
2. Petitioner impugns order dated 21.01.2021 whereby the application of the petitioner for allotment of an alternative plot as per the Government policy in lieu of acquisition of land of Village Sanoth vide award No. 17/2003-04 has been rejected solely on the ground that petitioner has failed to submit the requisite documents within 15 days.
3. The impugned order records that petitioner has not submitted the complete documents i.e. title deed of property No. 4353/55, Second Floor, Naya Bazar, Delhi.
4. Learned counsel for the petitioner submits that petitioner is a tenant in the subject property and had produced the rent receipt. He submits that as there is an ongoing dispute with the landlord, petitioner was not in a position to produce the original sale deed of the said property.
5. Learned counsel submits that with great difficulty petitioner had been able to trace out the registration details of the sale deed and has accordingly obtained a certified copy of the sale deed of property with regard to second floor with terrace roof rights having an area measuring 100.33 sq.mtrs being part of the northern side portion of property No.4053 to 4055 situated at Naya Bazar, Lahori Gate, Delhi.
6. In view of the fact that petitioner has now produced the sale deed dated 16.06.2016 of the second floor allegedly of the subject property, I am of the view that the very basis of impugned order does not survive any further and accordingly the same calls for a remit.
7. In view of the above, the impugned order dated 21.01.2021 is set aside. Matter is remitted to the Recommendation Committee for reconsideration. The Committee shall give an opportunity of personal hearing to the petitioner and thereafter pass a fresh speaking order expeditiously.
8. All rights and contentions of parties are reserved.
9. Petition is disposed of in the above terms.
10. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.
