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HIGH COURT OF DELHI
LPA 311/2017
Date of Decision: 28.04.2017 GOVT. OF NCT OF DELHI THR.SECRETARY ( LAND &
BUILDING DEPARTMENT) ..... Appellant
Through: Mr.Bijara Mahapatra, Advocate
Through:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
ANU MALHOTRA, J CM No.15930/2017 (for exemption)
Exemption allowed, subject to just exceptions.
CM No.15929/2017 (condonation of delay)
Having heard learned counsel for the appellant, we are satisfied that the appellant has adequately explained the delay of 107 days which has occasioned in filing the appeal within the statutory period of limitation.
The delay in filing the appeal is condoned.
The application is allowed.
1. The appellant assails the order dated 9th September, 2016 by the 2017:DHC:2265-DB learned Single Judge in WP(C) 5501/2015 wherein the learned Single Judge was pleased to accept the explanation given by the respondents for the delay in seeking allotment of an alternate plot against acquisition of his land which had been rejected by the appellant on the sole ground that it was beyond the one year calculated from the date when the compensation was received by him towards the acquisition. By the impugned order dated 9th September, 2016, the learned Single Judge has directed the appellant herein to re-consider the application of the respondent for allotment of an alternative plot and to pass a speaking order on the merits of the case.
2. Our attention is drawn to the order dated 22nd March, 2017 dismissing the LPA No.138/2017 Government of NCT of Delhi v. Sanjay & Ors. and LPA No. 139/2017 Govt. of NCT of Delhi v. Dhan Raj & Anr..
3. LPA No.138/2017 was filed by the Government of NCT of Delhi challenging similar order passed in WP(C) No.8636/2016 Dhan Raj V. Government of NCT of Delhi & Anr. and LPA No.139/2017 and similar order in W.P.(C) No. 8566/2016 titled Sanjay & Ors. v. Government of NCT of Delhi & Anr..
4. It appears that these writ petitions were filed by the persons who were placed similarly as Baldev Singh (respondent herein). Writ Petition (Civil) No.5501/2015 titled Baldev Singh v. Land & Building Department, was filed challenging rejection of his application for grant of alternate plot upon acquisition of his land, on the ground that his application was filed beyond the prescribed limit of one year after acceptance of compensation in view of acquisition of the land. After considering the case of the writ petitioners, W.P.(C) No.5501/2015 was allowed by the learned Single Judge on consideration of the verdict in Chander Bose vs. Union of India, 107(2003) DLT 604 and W.P.(C) No.1967/1987 Rattan Singh vs. Union of India & Ors. By way of LPA 138/2017 Govt. of NCT of Delhi v. Sanjay & Ors and LPA 139/2017 Govt. of NCT of Delhi v. Dhan Raj & Anr., the challenge by the Government of NCT of Delhi to orders passed by the learned Single Judge was rejected by this Court by the order dated 22nd March, 2017 holding as follows:
5. We find that the case of the appellants in LPA No. 138/2017 Govt. of NCT of Delhi v. Sanjay & Ors and LPA No. 139/2017 Govt. of NCT of Delhi v. Dhan Raj & Anr. and in Chander Bose vs. Union of India, 107(2003) DLT 604 and W.P.(C) No.1967/1987 Rattan Singh vs. Union of India & Ors. is similar to the case of the present respondent Baldev Singh. We see no reason at all to take a different view in the present matter.
6. In the present case, the learned Single Judge has accepted the explanation of the respondent for the delay which was occasioned in making the application for an alternate plot.
7. The impugned order dated 9th September, 2016 does not warrant any interference.
8. In view of the above, we find no merits in the appeal. ANU MALHOTRA, J ACTING CHIEF JUSTICE APRIL 28, 2017