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42.
43.
#33, 42, 43, 44 HIGH COURT OF DELHI
W.P.(C) 4921/2013
SURENDER PAL SHARMA
Through
Through Petitioner Mr. V.K. Tandon, Advocate Respondents [
Mr. B. Mahapatra, Advocate for L& B Department. I
Ms. Shobhna Takiar, Advocab for DDA.
HARJEET SINGH Petitioner
Through Mr. V.K. Tandon, Advocate! I
Through Respondents i Mr. B. Mahapatra, Advocate for
L& B Department. j Ms. Shobhna Takiar, Advocate for
DDA. I AND
JASBEER SINGH
Through Petitioner Mr. V.K. Tandon, Advocai W.P/g 4921/2013 Page I of4
2013:DHC:7235 44.
Through Mr. B. Mahapatra, Advocate fc L& B Department.
Ms. Shobhna Takiar, Advocate;
DDA.
AND
BHAGERAM Petitioner
Through Mr. V.K. Tandon, Advocate
Through Mr. B. Mahapatra, Advocate for L& BDepartment. j
Ms. Shobhna Takiar, Advocate for DDA.
05.08.2013
ORDER
1. Present 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 ofacquisition ofpetitioners' land.
2. It is the case of the petitioners that their applications for allotment of an alternative plot have not been decided for more than fifteen years cases even for forty years.
3. Learned counsel for petitioners states that all applications for alternative plots till the year 2000 have been processed. and in some) allotment of fF.P.fCJ 4921/2013 Page 2 of[4]
4. Learned counsel for respondent No.l fairly states that similar writ petition being W.R(C) 1027/2013 Sukhbir Singh vs. Govt of NCT of Delhi has been disposed ofby this Court on 07^ May, 2013.
5. This Court has perused the aforesaid order dated 07^^ May, 2013 and is of the opinion thatthepresent batch ofwritpetitions needto be disposed cf insimilar terms. Accordingly, the petitioners before this Court are direc:ed to file affidavits with Govt. of NCT of Delhi within two weeks from today stating therein:-
1. Their land/land oftheir father/husband, as the case may be, v^as acquired by Govt.ofNCT ofDelhi forplanneddevelopmentofDelhi.
2. They/their father/husband, as the case may be, had taken compensation in respect ofthe acquired land from the Government and have not refundedthe saidcompensationtothe Government. j
3. They have not taken back possession of the acquired land and have not encumbered the same or otherwise dealt with it in any manner]i
4. The acquisitionofthe aforesaidland has not been challengedby them before any forum. ! j
5. They had applied to the Govt. ofDelhi for allotment of alternative plots.
6. The 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 alreadysubmitted shallbe dulyjprocessed by the respondent/Govt. ofNCT ofDelhi on maturity oftheir tum, computed from the I date of submission of the application or as per their policy, in c^se the policy I provides otherwise. I j
7. It is made clear that the petitioner shall not be entitled to any out of turn consideration oftheir application. The scrutiny shall be completed within a W.P.(C) 4921/2013 Page 3 of[4] AUGUST 05, 2013 m mP.fCJ 4921/2013 MANM' period oftwelve weeks from the date ofsubmission ofthe 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 alxernative 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 withintwo weeks thereafter.
8. Delhi Development Authority is directed to intimate to Govt. of NCT of Delhi, within a period offour weeks from today, as to whetheij' the land, I subject matter ofthese writ petitions continues to be in its possessipn or not. Such intimation shall be givenseparately, in respectofall the petitions. Allthewritpetitions andCMs stand disposed of interms ofthis order.:ihaM- Page 4 of[4]