Dilraj Singh v. Land & Building Department & Anr.

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 of acquisition of petitioners’ land in the year 1980.

2. It 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.

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

4. Mr. 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.

5. This 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:-

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

2. They/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 2013:DHC:3818 W.P.(C) 3556/2013 & connected matters said compensation to the Government.

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.

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

5. They had applied to the Govt. of Delhi 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 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.

7. It 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.

8. Delhi 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 2013:DHC:3818 W.P.(C) 3556/2013 & connected matters 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