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DELHI HIGH COURT
SANJEEV SACHDEVA
Khubi Ram Sharma – Appellant
Versus
Land and Building Department – Respondent
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--Petitioner impugns the letter dated 24.09.2020, whereby the representation of the petitioner seeking allotment of the alternative plot in lieu of acquired land, has been answered by stating that his application already stands rejected.
2. The case of the petitioner is that land of the father of the petitioner was acquired in the year 1963. Respondent had come up with a public notice on 21st, 22nd and 23rd November, 1963 inviting applications by 15.12.1963 for allotment of alternative plots from persons whose land was acquired upto 15th November, 1963.
3. It is contended that the petitioner had made an application on 19.09.1980, since his father had expired.
4. It is contended by learned counsel for the petitioner that petitioner did not receive any information about the decision on the application and now the respondents are declining to consider the representation on the ground that the application already stands rejected.
5. The letter dated 24.09.2020 issued by respondent shows that under the policy for allotment of alternative plots, the application was to be filed by 15.12.1963.
6. The application was apparently filed by the peti
A petitioner cannot invoke Article 226 based on an application made 54 years after the initial policy deadline due to gross delay and laches.
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 main legal point established is that applications for alternative plot allotment made in line with the respondent's advice and within the specified time should not be rejected based on limitation....
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....
Delay and laches can defeat a claim for relief, and the law of limitation must be applied with all its rigour when the statute prescribes a limitation period.
The court emphasized the importance of complying with notice requirements and submitting requisite documents in applications for allotment of alternative plots, while also directing expeditious consi....
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 application for allotment of alternative land should be made within one year of the receipt of compensation as fixed by the Collector, as ....
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