HARKAUR CHADHA Vs. NCT OF DELHI

JUDGEMENT

(1.) BY virtue of this writ petition, the petitioner seeks allotment of an alternate plot of land in lieu of the land of their predecessor-in-interest, that is, one Sh. Jagjit Singh Chadha, having been acquired by respondent no.2 under a scheme, known as, Large Scale Acquisition Development and Disposal of Land in Delhi, 1961 (hereinafter referred to as the scheme). There are several prayers made in the present writ petition. For the sake of convenience, the main prayers are extracted hereinbelow :-

(2.) NOTICE in this writ petition was issued on 12.07.2011. On a reading of the order dated 12.07.2011, it appears that even on that stage, the respondents seem to have raised an objection (having appeared on advance notice) that the request of the petitioner for allotment of an alternate plot was rejected on 10.02.1998 and hence, a writ petition filed in 2011, was marred by delay and latches. A direction was issued on the said date for production of record of despatch of communication dated 10.02.1998 and proof, if any, of the service of the said communication. The record, it appears, was examined by the court at its hearing held on 19.10.2011 when, the respondents produced only a despatch register for the period 18.12.1997 to 31.03.1998 wherein, it appears there was a reference at serial no.22984 to a communication sent to the predecessor-in-interest of the petitioners i.e., late Sh. Jagjit Singh Chadha. I have referred to the aforesaid aspect at the very outset as one of the main objections in the writ petition is with regard to the delay and latches in approaching this court by way of the present writ petition. I shall deal with the same in the course of my judgment.

(3.) SINCE , the ownership of Sh. Jagjit Singh Chadha to the said land was disputed, an application was filed by him on 20.03.1977 under section 30 and 31 of the said Act. The said application was allowed on 30.05.1986. By this order, it was held that Sh. Jagjit Singh Chadha was the owner of the acquired land and that, he was entitled to compensation under the aforementioned scheme.