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MINI PUSHKARNA
Premwati – Appellant
Versus
District Magistrate North – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. The present writ petition has been filed against the order dated 05.10.2020, issued by office of the District Magistrate (North) Alternative Branch, Alipur, Delhi-110036. By way of the said order, the application of the petitioner for allotment of alternate plot as per Government Policy in lieu of acquisition of Village Sanoth, Delhi vide Award No. 11/2004-05 was rejected.
2. The said application for alternative allotment of plot was rejected on the ground that the case is time barred. Thus, it was decided not to recommend the case of the petitioner. This Court vide order dated 04.03.2022 had directed the petitioner to file a further affidavit to explain delay with respect to filing of the present writ petition. By way of the said order dated 04.03.2022, it is recorded that the application for grant of alternative plot in lieu of acquisition came to be rejected by order dated 17.10.2018. The record bears a communication of 05.10.2020, in terms of which the petitioner was duly apprised and informed of the aforesaid decision. However, the writ petition came to be filed only in the year 2022 with no explanation fo
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.
The main legal point established is that applications for alternative plot allotment made in line with the respondent's advice and within the specified time should not be rejected based on limitation....
A petitioner cannot invoke Article 226 based on an application made 54 years after the initial policy deadline due to gross delay and laches.
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.
Failure to take necessary legal steps can result in the disposal of a petition with liberty to file a fresh petition.
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.
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 main legal point established in the judgment is the requirement for authorities to consider the evidence provided by the petitioner and grant them an opportunity to appear and submit documents fo....
The court's decision emphasized the need to consider ancestral property in extended abadi areas and directed the respondent authority to reconsider the case for alternate allotment of land.
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