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HIGH COURT OF DELHI
W.P.(C) 2882/2008
DINA NATH ..... Petitioner
Through Mr. Arun Sharma, Adv.
W.P.(C) 2882/2008
DINA NATH ..... Petitioner
Through Mr. Arun Sharma, Adv.
VERSUS
M.C.D ..... Respondent
Through Ms. Suparna Srivastava, Adv.
Through Ms. Suparna Srivastava, Adv.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R 23.03.2010
It is apparent from the counter affidavit filed by the respondents that the land in question is encroached upon by third parties and is subject matter of several writ petitions, in which interim orders have been passed by the Division
Bench, directing that the respondents can complete the process of acquisition but possession will not be taken till the question of regularization of unauthorized colony is decided.
It is a well known fact that subsequently the respondent, Government of
NCT of Delhi has framed a regularization scheme. One of the authorized colonies slated for regularization is Samalkha Extension. The petitioner obviously now cannot be allotted land/plot in the said colony.
In view of court orders passed in other writ petitions filed by residents of
Samalkha Extension, the petitioner is not entitled to any relief and no writ of mandamus can be issued as it will come into conflict with the orders passed by the Division Bench. However, it will be open to the petitioner to ask for refund of
2010:DHC:1728 Rs. 12,000/- or to wait till the respondent-MCD frames any other scheme under which allotment can be made to the petitioner.
The writ petition is disposed of.
SANJIV KHANNA, J.
MARCH 23, 2010 NA 2010:DHC:1728
It is apparent from the counter affidavit filed by the respondents that the land in question is encroached upon by third parties and is subject matter of several writ petitions, in which interim orders have been passed by the Division
Bench, directing that the respondents can complete the process of acquisition but possession will not be taken till the question of regularization of unauthorized colony is decided.
It is a well known fact that subsequently the respondent, Government of
NCT of Delhi has framed a regularization scheme. One of the authorized colonies slated for regularization is Samalkha Extension. The petitioner obviously now cannot be allotted land/plot in the said colony.
In view of court orders passed in other writ petitions filed by residents of
Samalkha Extension, the petitioner is not entitled to any relief and no writ of mandamus can be issued as it will come into conflict with the orders passed by the Division Bench. However, it will be open to the petitioner to ask for refund of
2010:DHC:1728 Rs. 12,000/- or to wait till the respondent-MCD frames any other scheme under which allotment can be made to the petitioner.
The writ petition is disposed of.
SANJIV KHANNA, J.
MARCH 23, 2010 NA 2010:DHC:1728
JUDGMENT