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MINI PUSHKARNA
Monish Baweja – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mini Pushkarna, J. (Oral)--The present writ petition has been filed challenging the order dated 30.09.2016 passed by the office of Sub Divisional Magistrate (Head Quarter) Office of District Magistrate (South), M.B. Road, Saket, New Delhi -110068.
2. By the said order, the claim of the petitioner for alternative allotment of plot was rejected on the ground that as per local enquiry conducted by the concerned Revenue Official, the family of the petitioner herein resided in House No. 111, Uday Park, New Delhi. Thus, by way of impugned order, it was stated that the policy of alternative allotment of plots was a rehabilitative measure in order to rehabilitate those farmers whose land had been acquired and they have become homeless or landless. Since in the present case, the petitioner was already having a house as aforesaid, the case of the petitioner was rejected and he was held as not entitled to allotment of any alternative plot.
3. On behalf of the petitioner, an additional affidavit has come to be filed, wherein it is categorically stated on behalf of one Harvansh Kumar Chaudhry that his wife is the real owner of House No. 111, Uday Park, New Delhi-110049. Along with t
Fair consideration of evidence and granting the petitioner an opportunity to present their case before the Scrutiny Committee.
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.
The court emphasized the right to be heard and the consideration of requisite documents in the process of alternative land allotment.
(1) Revision Petition can be re-instated if it has been withdrawn in exchange of an offer of settlement.(2) Mere possession on paper does not translate into actual possession.(3) A court-mandated all....
The court established that under the Consumer Protection Act, petitioners are entitled to an alternative plot when the originally allotted plot is unfit for habitation and the HUDA policies support s....
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.
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