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MINI PUSHKARNA
Narender Kumar – Appellant
Versus
Govt. of NCT Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. The present writ petition has been filed with prayer for quashing of order dated 30.12.2021 passed by the respondent No.3, SDM (HQ) District North Delhi, Alternative Branch, Office at DM Office Complex, Alipur, Delhi-110036. By way of the said order, the application of the petitioner for allotment of alternative plot has been rejected.
2. Perusal of the order dated 30.12.2021 shows that the application of the petitioner for allotment of an alternative plot has been rejected on the ground that the wife of the petitioner has acquired a property in her own name. Thus, it was recorded that since wife of the petitioner already owned a plot in her name on the date when the allotment was to be issued, the petitioner was not entitled to alternate plot.
3. The application was also rejected on the ground that the petitioner owns land in extended abadi.
4. It is the case on behalf of the petitioner that land which was owned by the petitioner, was sold by registered sale deed in the year 2001 whereas, acquisition of the land took place in the year 2005 and final possession was taken on 06.10.2005.
5. A perusal of the af
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.
Fair consideration of evidence and granting the petitioner an opportunity to present their case before the Scrutiny Committee.
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 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 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....
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