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MINI PUSHKARNA
Bhagat Singh – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)--The present writ petition has been filed challenging letter/order dated 16.10.2017 issued by the Land & Building Department (Alternative Branch), Government of NCT of Delhi, by which the application of the petitioner for allotment of alternative plot in lieu of acquired land was rejected. The said order dated 16.10.2017 is reproduced as below:
"SNTY. NO.3962A
(SNTY. NO. 3962Af, 3962Ae, 3962Ad
CLUBBED ALONGWITH)
GOVT OF NCT OF DELHI
Land & BUILDING DEPARTMENT
(ALTERNATIVE BRANCH)
VIKAS BHAWAN, IP ESTATE, NEW DELHI-02
No.F. 30(48)/81/05/L&B/Alt/7665
Dated: 16/10/17
To,
Sh. Bhagat Singh,
S/o Sh. Sohan Singh,
R/o H.No.-2, Village Garhi.
Sub: Regarding allotment of alternative plot in lieu of acquired land.
Sir,
With reference to the above mentioned subject, it is inform you that your case for allotment of alternative plot in lieu of acquired land has been placed before in meeting of Recommendation Committee held on 29.8.2017 and it was observed that you have not furnished the requisite documents i.e. SMC and Relinquishment Deed in spite of being given sufficient opportunity and public notice issued in leading Newspapers "The Hindustan
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 right to be heard and the consideration of requisite documents in the process of alternative land allotment.
Failure to take necessary legal steps can result in the disposal of a petition with liberty to file a fresh petition.
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 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....
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 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 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 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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