Mohinder Singh v. Land & Building Department & Anr

6 to 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI

6. + W.P.(C) 3556/2013

DILRAJ SINGH

LAND & BUILDING DEPARTMENT & ANR.

with Ms. Rachana Srivastava with

Mr. Utkarsh Sharma, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

Mr. Pankaj Batra, Advocate for R-2.

7. + W.P.(C) 3557/2013

DILBIR SINGH

LAND & BUILDING DEPARTMENT & ANR.

with Ms. Rachana Srivastava with

Mr. Utkarsh Sharma, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

8. + W.P.(C) 3558/2013

SURAT SINGH

DEPARTMENT & ANR

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

Mr. Joginder Sukhija with

Mr. Yogesh Yogi, Advocates for R-2.

9. + W.P.(C) 3566/2013

DILBAGH SINGH

LAND & BUILDING DEPARTMENT & ANR

with Mr. Avinash Lakhanpal,

Advocate for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

Mr. Joginder Sukhija with

Mr. Yogesh Yogi, Advocates for R-2.

+ W.P.(C) 3567/2013

HAR PYARI

LAND & BUILDING DEPARTMENT & ANR.

with Mr. Siddharth Panda, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

Ms. Shobhna Takiar with Ms. Ritagya

Riti, Advocates for R-2.

11. + W.P.(C) 3568/2013

SHANTI

LAND & BUILDING DEPARTMENT & ANR.

with Mr. Siddharth Panda, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

12. + W.P.(C) 3569/2013

DALJEET SINGH

LAND & BUILDING & ANR.

with Mr. Siddharth Panda, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

Mr. Omar Siddiqui Advocate for

Ms. Ferida Satarawala, Advocate for

R-2.

13. + W.P.(C) 3572/2013

RAMESH SINGH

LAND & BUILDING DEPARTMENT AND ANR.

with Mr. B. Mahapatra, Advocate for

R-1.

14. + W.P.(C) 3573/2013

AMAR SINGH

LAND & BUILDING DEPARTMENT & ANR.

with Mr. B. Mahapatra, Advocate for

R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

Mr. Arjun Pant, Advocate for R-2.

15. + W.P.(C) 3574/2013

ATTAR SINGH

DEPARTMENT & ANR

with Mr. Sanjay Kumar Pathak,

Advocate for R-1 with Mr. Dharampal,

Principal Secretary, Land and Building.

16. + W.P.(C) 3575/2013

RAJENDER SINGH

LAND & BUILDING DEPARTMENT & ANR

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

+ W.P.(C) 3576/2013

RAMBEER SINGH & ANR.

..... Petitioners

DEPARTMENT & ANR.

with Mr. Siddharth Panda, Advocate

for R-1.

Ms. Anuja Saxena and Mr. Yogesh

Bhardwaj, Advocates for R-2.

18. + W.P.(C) 3578/2013

NITIN & ANR.

..... Petitioners

DEPARTMENT & ANR.

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

+ W.P.(C) 3580/2013

MOHINDER SINGH

DEPARTMENT & ANR. ..... Respondents

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

+ W.P.(C) 3581/2013

RANDHIR SINGH

LAND & BUILDING DEPARTMENT & ANR.

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

Mr. Arjun Pant, Advocate for R-2.

+ W.P.(C) 3584/2013

SARUP SINGH

LAND & BUILDING DEPARTMENT & ANR

with Mr. Sanjay Kumar Pathak,

Advocate for R-1 with Mr. Dharampal,

Principal Secretary, Land and Building.

Mr. Omar Siddiqui Advocate for

Ms. Ferida Satarawala, Advocate for

R-2.

+ W.P.(C) 3585/2013

JASWANT SINGH & ORS.

..... Petitioners

DEPARTMENT & ANR.

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

Ms. Anuja Saxena and Mr. Yogesh

Bhardwaj, Advocates for R-2.

+ W.P.(C) 3586/2013

OMBIR SINGH & ANR.

..... Petitioners

DEPARTMENT & ANR.

with Mr. Siddharth Pandey, Advocate

for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

+ W.P.(C) 3589/2013

DHARAM PAL SINGH & ORS. ..... Petitioners

DEPARTMENT & ANR.

with Mr. Yeeshu Jain and Ms. Jyoti

Tyagi, Advocates for R-1 with Mr.

Dharampal, Principal Secretary, Land

and Building.

Ms. Shawana Bari, Advocate for

Mr. Rajiv Nanda, Advocate for

respondent No.2.

+ W.P.(C) 3591/2013

SHEHZAD DAGAR & OTHERS. ..... Petitioners

DEPARTMENT & ANR.

with Mr. Avinash Lakhanpal,

Advocate for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

+ W.P.(C) 3592/2013

NARESH KUMAR

DEPARTMENT & ANR.

Sanjay Poddar, Senior Advocate with

Mr. Avinash Lakhanpal, Advocate for

R-1 with Mr. Dharampal, Principal

Secretary, Land and Building.

Ms. Purnima Maheshwari, Advocate

for respondent No.2.

+ W.P.(C) 3595/2013

ISWAR SINGH & ORS.

..... Petitioners

DEPARTMENT & ANR.

with Mr. Siddharth Panda, Advocate

for R-1 with Mr. Dharampal, Principal Secretary, Land and Building.

Ms. Purnima Maheshwari, Advocate

for respondent No.2.

+ W.P.(C) 3596/2013

SUNIL & ANR.

LAND & BUILDING DEPARTMENT & ANR.

with Mr. Siddharth Pandey, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

Ms. Shawana Bari, Advocate for

Mr. Rajiv Nanda, Advocate for

respondent No.2.

29. + W.P.(C) 3630/2013

NARESH & OHTERS

..... Petitioners

DEPARTMENT & ANR.

with Mr. Siddharth Pandey, Advocate

for R-1 with Mr. Dharampal,

Principal Secretary, Land and

Building.

%

Date of Decision: 01st August, 2013.

CORAM: HON'BLE MR. JUSTICE MANMOHAN

J U D G M E N T MANMOHAN, J (Oral):

¶1Present batch of writ petitions has been filed seeking a direction to the respondents to pass an order recommending allotment of an alternative plot in lieu of acquisition of petitioners' land in the year 1980.

¶2It is the case of the petitioners that their applications for allotment of an alternative plot have not been decided for more than twenty-five years.

¶3Learned counsel for petitioners states that all applications for allotment of alternative plots till the year 2000 have been processed.

¶4Mr. Sanjay Poddar, learned senior counsel for respondent No.1 fairly states that similar writ petition being W.P.(C) 1027/2013 Sukhbir Singh vs. Govt. of NCT of Delhi has been disposed of by this Court on 07th May, 2013.

¶5This Court has perused the aforesaid order dated 07th May, 2013 and is of the opinion that the present batch of writ petitions need to be disposed of in similar terms. Accordingly, the petitioners before this Court are directed to file affidavits with Govt. of NCT of Delhi within two weeks from today stating therein:-

¶1Their land/land of their father/husband, as the case may be, was acquired by Govt. of NCT of Delhi for planned development of Delhi.

¶2They/their father/husband, as the case may be, had taken compensation in respect of the acquired land from the Government and have not refunded the

said compensation to the Government.

¶3They have not taken back possession of the acquired land and have not encumbered the same or otherwise dealt with it in any manner.

¶4The acquisition of the aforesaid land has not been challenged by them before any forum.

¶5They had applied to the Govt. of Delhi for allotment of alternative plots.

¶6The petitioners shall also give full details of their application seeking allotment of alternative plots in their respective affidavits. On filing of the aforesaid affidavit, the applications if already submitted shall be duly processed by the respondent/Govt. of NCT of Delhi on maturity of their turn, computed from the date of submission of the application or as per their policy, in case the policy provides otherwise.

¶7It is made clear that the petitioner shall not be entitled to any out of turn consideration of their application. The scrutiny shall be completed within a period of twelve weeks from the date of submission of the affidavit in terms of this order provided the turn of the concerned petitioner has matured for such consideration. The objections, if any, shall be communicated within two weeks of completing the scrutiny and the deficiencies, if any, shall be removed within four weeks thereafter. The final decision, on the application seeking alternative allotment shall be taken by the Govt. of NCT of Delhi within a period of 12 weeks of the deficiencies being removed in all respect and shall be communicated to the persons concerned within two weeks thereafter.

¶8Delhi Development Authority is directed to intimate to Govt. of NCT of Delhi, within a period of four weeks from today, as to whether the land, subject

matter of these writ petitions continues to be in its possession or not. Such intimation shall be given separately, in respect of all the petitions. All the writ petitions and CMs stand disposed of in terms of this order.

MANMOHAN, J AUGUST 01, 2013 js