SANJEEV SACHDEVA
Vinod Kumar Gupta – Appellant
Versus
SDM(HQ) – Respondent
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
Failure to submit requisite documents within the specified time frame may be reconsidered if the petitioner subsequently produces the necessary documentation.
The court emphasized the importance of procedural fairness, allowing reconsideration of applications when new evidence is presented, even if initial requirements were not met.
The court emphasized the importance of complying with notice requirements and submitting requisite documents in applications for allotment of alternative plots, while also directing expeditious consi....
The court emphasized that failure to receive notices does not negate the petitioner's right to due process, allowing reconsideration of their application for an alternative plot.
The court emphasized the significance of considering objections and relevant documents filed by the petitioner in the assessment process, leading to the decision to set aside the impugned assessment ....
A party must be given a fair opportunity to present objections and evidence before an assessment decision is made.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
The court emphasized the importance of considering the documents submitted by the petitioner and granting them an opportunity of hearing in the case of allotment of an alternative plot.
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
The exemption of the limitation period granted by the Hon'ble Supreme Court during the COVID-19 pandemic can be relied upon to justify the delay in approaching the court.
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