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HIGH COURT OF DELHI
LPA 559/2016 and CM Nos.37773-37774/2016
Date of Decision: 24.04.2017 GOVT OF NCT OF DELHI THR SECRETARY (LAND &
BUILDING DEPARTMENT) ..... Appellant
Through: Mr.Yeeshu Jain and Ms.Jyoti Tyagi, Advocates
Through: Mr.R.S.Tiwari, Advocate
HON'BLE MS. JUSTICE ANU MALHOTRA ACTING CHIEF JUSTICE (Oral)
JUDGMENT
1. The appellant assails the order dated 25th August, 2015 by the learned Single Judge in WP(C) 7688/2015 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.
2. By the order dated 25th August, 2015, the learned Single Judge had directed the appellant herein to issue notice to the petitioner indicating the date, time and venue at which the respondent was required to present himself and the recommendation committee of the appellant was to afford a personal hearing to the respondent and pass a speaking order afresh. Time bound directions for completion of the entire proceedings were made. 2017:DHC:2150-DB
3. 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..
4. LPA No.138/2017 was filed by the Government of NCT of Delhi challenging the orders passed in WP(C) No.8636/2016 Dhan Raj V. Government of NCT of Delhi & Anr. and W.P.(C) NO. 8566/2016 titled Sanjay & Ors. v. Government of NCT of Delhi & Anr..
5. It appears that these writ petitions were filed by the persons who were placed similarly as Pawan Kumar who had filed the Writ Petition (Civil) No.7688/2015 titled Pawan Kumar v. Government of NCT of Delhi & Anr.. After considering the case of the writ petitioners with W.P.(C) No.7688/2015, the writ petition Nos. 8636/2016 and 8566/2016 were allowed by the learned Single Judge. The challenge by the Government of NCT of Delhi to orders passed by the learned Single Judge was rejected by this Court by the said order dated 22nd March, 2017 holding as follows:
6. We find that the case of the appellants in LPA No. 138/2017 titled Govt. of NCT of Delhi v. Sanjay & Ors and LPA No. 139/2017 titled Govt. of NCT of Delhi v. Dhan Raj & Anr. is similar to the case of the present respondent Pawan Kumar. We see no reason at all to take a different view in the present matter.
7. 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.
8. The impugned order dated 25th August, 2016 does not warrant any interference.
9. In view of the above, we find no merits in the appeal. The appeal and the application are dismissed.
ACTING CHIEF JUSTICE ANU MALHOTRA, J APRIL 24, 2017