HIGH COURT OF DELHI
AZAD SINGH – Appellant
Versus
GOVT. OF NCT OF DELHI & ANR. – Respondent
W.P.(C)-16289/2022
NEUTRAL CITIATION NO. 2022/DHC/005192
W.P.(C) 16289/2022
Page 1 of 14
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IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Date of order: 25th November 2022
+
W.P.(C) 16289/2022
AZAD SINGH
..... Petitioner
Through:
Mr. Pankaj Vivek, Advocate
versus
GOVT OF NCT OF DELHI & ANR
..... Respondent
Through:
Ms. Jyoti Tyagi, Advocate
CORAM:
HON’BLE MR. JUSTICE CHANDRA DHARI SINGH
O R D E R
CHANDRA DHARI SINGH, J (Oral)
CM APPL. 50990/2022
Exemption allowed subject to just exceptions.
The application stands disposed of.
W.P.(C) 16289/2022
1.
The instant civil writ petition under Article 226 of the Constitution
of India has been filed seeking the following reliefs:
Digitally Signed By:DAMINI
YADAV
Signing Date:29.11.2022
12:49:56
Signature Not Verified
NEUTRAL CITIATION NO. 2022/DHC/005192
W.P.(C) 16289/2022
Page 2 of 14
Land ln Delhi, 1961, as per his seniority no. 890;”
2.
The Petitioner is an original inhabitant of Village Dhool Siras,
Delhi and was possessed of ancestral agricultural land situated in revenue
estate of Village Dhool Siras, Tehsil Vasant Vihar, District South-West
Delhi. The entire agricultural land belonging to the Petitioner was
acquired by the Government of NCT of Delhi and compensation was paid
to him on 30.11.2002.
3.
The Petitioner was provided with an Application Form with Serial
No. 2642 for allotment of alternative plot in order to seek allotment of
alternative plot under the scheme of Large-Scale Acquisition
Development & Disposal of Land in Delhi, 1961.
4.
A
letter
dated
18th
November
2013 bearing
no.
F.31(55)/41/03/L&B/ALT/13152 was addressed to the Petitioner and
certain documents were sought from the Petitioner. The requisite
documents were submitted by the Petitioner on 23rd December 2012 in
the office of the L&B Department. Thereafter, the case of the Petitioner
was put up in the meeting of Recommendation Committee on 2nd April
2014 and the Committee directed that information be sought from the
LAC and some documents may be furnished by the Petitioner. The
documents sought from the Petitioner were as follows:
a)
Clarification in respect of property no. 249-1, 2nd Floor,
Rama Market, Munirka Village, New Delhi-67
Digitally Signed By:DAMINI
YADAV
Signing Date:29.11.2022
12:49:56
Signature Not Verified
NEUTRAL CITIATION NO. 2022/DHC/005192
W.P.(C) 16289/2022
Page 3 of 14
b)
Status of Kh. No. 228(2-19)
5.
After that another letter dated 29th April 2014 was issued by the
Land and Building Department asking him that if the information asked
for was not submitted before 1st May 2014, the case shall be closed.
Thereafter, the Petitioner immediately wrote a letter on 29th April 2014
requesting for some time to furnish the required information. The
Petitioner submitted the Tehsildar’s report of Kh. No. 228 as well as copy
of rent agreement of property no. 249-1, Rama Market, Munirka Village
to show that the properties were situated in Village Abadi.
6.
Vide letter dated 10th February 2015, the Petitioner was intimated
that his case for allotment of alternative plot has been rejected in the
meeting held on 26th November 2014 on the ground that the Petitioner
had stated that he did not own the property in Village Munirka whereas
he has submitted copy of rent agreement of the said property showing
him as landlord. By representation dated 17th September 2015, the
Petitioner sought a review of his case as the same was rejected due to a
typing error by the Petitioner inasmuch as the Petitioner erroneously
typed that he did not have a property in Village Abadi. It was pleaded by
the Petitioner that if he had any intention to hide the Property No. 249-1,
Rama Market, Munirka Village, New Delhi, then he would not have
submitted copy of the rent agreement showing himself as landlord.
7.
Receiving no reply to his representation dated 17th September
2015, the Petitioner filed a civil writ petition bearing no. 30