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MINI PUSHKARNA
Ishwar Singh – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. The present writ petition has been filed with prayer for direction to the respondents to quash the order dated 08.09.2016 by which the request of the petitioner for allotment of alternative plot in lieu of the acquired land was rejected.
2. It is the case of the petitioner that the land of the petitioner was acquired in phases. After the acquisition of the land of the petitioner in the first phase, the petitioner applied for alternative plot vide application dated 03.06.1988. Subsequently, the respondent herein wrote a letter dated 23.03.1992 to the petitioner whereby the petitioner was advised to approach the concerned authority after acquisition of his remaining land.
3. It is submitted that the remaining land of the petitioner was also subsequently acquired and award bearing No 30/2002-03 dated 09.12.2002 was passed. Thus, as per award petitioner received compensation amount after second phase of acquisition of his land.
4. After acquisition of the land of the petitioner in the second phase and in the facts and circumstances of the case that since the entire land of the petitioner was acquired by the resp
The main legal point established in the judgment is that the petitioner's claim for an alternative plot was allowed based on the finding that the petitioner's land was acquired completely, and the co....
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 main legal point established in the judgment is that the court directed the respondents to consider the case of the petitioner afresh on the basis of the documents filed by the petitioner in the ....
The court emphasized the right to be heard and the consideration of requisite documents in the process of alternative land allotment.
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.
The main legal point established in the judgment is that the application for allotment of alternative land should be made within one year of the receipt of compensation as fixed by the Collector, as ....
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 owner of the land at the time of its acquisition is entitled to apply for an alternate plot under the policy issued by the public notice dated 27.03.1989. Delay in filing the appeal may not be ju....
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