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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Manoj Kumar – Appellant
Versus
Land And Building Department & Ors. – Respondents
W.P.(C) 1932 of 2019
Decided On : 04-05-2023
Substitution - Legal Representatives - Disposal of Writ Petition
Fact of the Case:
The petitioner did not file an application for substitution of the Legal Representatives of the deceased petitioner and did not challenge the order rejecting the application for alternative allotment of land.
Finding of the Court:
The court disposed of the writ petition with liberty to file a fresh petition challenging the rejection of the application for alternative allotment of land.
Issues: Failure to file application for substitution and failure to challenge the rejection order.
Ratio Decidendi: The court's decision was influenced by the petitioner's failure to take necessary legal steps in the case.
Final Decision: The present petition was disposed of with liberty to file a fresh petition challenging the rejection of the application for alternative allotment of land.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. Despite opportunity, no application has been filed for substitution of the Legal Representatives of the deceased petitioner.
2. It is seen from the record that the petitioner has not challenged the order dated 04.12.2019, by which the application of the petitioner for alternative allotment of land was rejected.
3. In view of the aforesaid, the present writ petition is disposed of with liberty to the petitioner to file fresh petition challenging the order dated 04.12.2019 passed by the respondents, by which application for alternative allotment of land was rejected.
4. The present petition is disposed of in the aforesaid terms.
Failure to take necessary legal steps can result in the disposal of a petition with liberty to file a fresh petition.
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 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 the requirement for authorities to consider the evidence provided by the petitioner and grant them an opportunity to appear and submit documents 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 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 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 ....
Fair consideration of evidence and granting the petitioner an opportunity to present their case before the Scrutiny Committee.
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