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VI
$-5,6& 7 HIGH COURT OF DELHI
W.P.(C)5619/2018& CM 21926/2018
$-5,6& 7 HIGH COURT OF DELHI
W.P.(C)5619/2018& CM 21926/2018
W.P.(C)5622/2018&CM 21936/2018
W.P.(C)5810/2018& CM 22575/2018
SH.MANJEET SINGH SH.KULDEEP SINGH PARDEEP Petitioners
Through: Mr.R.S.Tomar and Mr.Sumit, Advocates
SH.MANJEET SINGH SH.KULDEEP SINGH PARDEEP Petitioners
Through: Mr.R.S.Tomar and Mr.Sumit, Advocates
VERSUS
GOVERNEMNT OF NCT OF DELHI Respondent
Through: Mr.Yeeshu Jain and Ms.Jyoti Tyagi,Advocates
Through: Mr.Yeeshu Jain and Ms.Jyoti Tyagi,Advocates
CORAM:
HON'BLE MR.JUSTICE SUNIL GAUR
28.08.2018 In the above captioned three petitions,separate orders ofeven date
9^^ April, 2015 are impugned and so,arguments in these three petitions have been heard separately but for convenience sake,these three petitions are being disposed ofby this common order.
In these petitions, rejection of petitioners' applications for allotment of alternate plot in lieu of acquired land, is challenged on the ground thattheir entire land has been acquired.
Attention of this Court has been drawn to the copy of common impugned Award of 29^*^ October, 2004(Annexure P-6), which reveals that the subject land i.e. Khasra No. 3/15 Min has been acquired in its
W.P.(C)5619/2018 ~ Pagel
28.08.2018 In the above captioned three petitions,separate orders ofeven date
9^^ April, 2015 are impugned and so,arguments in these three petitions have been heard separately but for convenience sake,these three petitions are being disposed ofby this common order.
In these petitions, rejection of petitioners' applications for allotment of alternate plot in lieu of acquired land, is challenged on the ground thattheir entire land has been acquired.
Attention of this Court has been drawn to the copy of common impugned Award of 29^*^ October, 2004(Annexure P-6), which reveals that the subject land i.e. Khasra No. 3/15 Min has been acquired in its
W.P.(C)5619/2018 ~ Pagel
W.P.(C)5622/2018
W.P.(C)5810/2018
2018:DHC:9265 entirety. This is so reflected in the chart in the aforesaid Award showing apportionment of the compensation in respect of the subject land. An additional affidavit has been also filed on behalf of petitioners to this effect. So far as delay aspect is concerned,the petitioners can always be putto terms.
Accordingly,the impugned orders of9^*^ April,2015,are set aside subject to cost of ?40,000/- each to be deposited with the Prime
Minister's National ReliefFund within a period ofthree weeks. Receipt of deposit of cost be furnished to respondent, who shall reconsider petitioners' application for allotment of alternate plot in lieu ofacquired land afresh within a period oftwelve weeks thereafter,and the fate ofthe applications so reconsidered, be made known to petitioners within two weeks thereof, so that petitioners may avail ofthe remedies as available in law,ifneed be.
With aforesaid directions,these three petitions and the applications are disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 28,2018 V
2018:DHC:9265 entirety. This is so reflected in the chart in the aforesaid Award showing apportionment of the compensation in respect of the subject land. An additional affidavit has been also filed on behalf of petitioners to this effect. So far as delay aspect is concerned,the petitioners can always be putto terms.
Accordingly,the impugned orders of9^*^ April,2015,are set aside subject to cost of ?40,000/- each to be deposited with the Prime
Minister's National ReliefFund within a period ofthree weeks. Receipt of deposit of cost be furnished to respondent, who shall reconsider petitioners' application for allotment of alternate plot in lieu ofacquired land afresh within a period oftwelve weeks thereafter,and the fate ofthe applications so reconsidered, be made known to petitioners within two weeks thereof, so that petitioners may avail ofthe remedies as available in law,ifneed be.
With aforesaid directions,these three petitions and the applications are disposed of.
(SUNIL GAUR)
JUDGE
AUGUST 28,2018 V
W.P.(C)5619/2018 Page 2
W.P.(C)5622/2018
W.P.(C)5810/2018
2018:DHC:9265
2018:DHC:9265
JUDGMENT