J U D G M E N T

MANMOHAN, J: (Oral)

1. Present writ petition has been filed seeking a direction to MCD to allot an alternative plot/flat in lieu of property demolished under a relocation scheme. Petitioner also seeks a direction to the respondent to pay damages of Rs.10 lacs for mental agony suffered by the petitioner for the last more than thirty-five years.

2. At the outset, learned counsel for respondent has taken a preliminary objection to the maintainability of the present writ petition on the ground of laches as the writ petition has been filed after thirty-five years of the cause of action having arisen.

3. Learned counsel for respondent states that admittedly petitioner’s mother was one of the thirty people evicted under a Resettlement Programme and the land admeasuring 25 sq. yds. had been allotted to her in

1976 itself, but she had refused to accept the same.

4. Learned counsel for respondent also points out that the Allotment Committee in its meeting on 30th October, 1995 had not found her eligible for allotment of a Slum Re-housing Flat.

5. However, learned counsel for petitioner states that as the petitioner’s repeated representations were being entertained the rule of laches