LAWS(DLH)-2012-9-375

MANGE Vs. GOVT. OF NCT OF DELHI

Decided On September 05, 2012
MANGE Appellant
V/S
GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

(1.) RULE . With the consent of counsel for the parties, the present petition is set down for final hearing and disposal. The necessary facts for disposal of this writ petition are that land of the petitioner was acquired way back in the year 1992 vide award dated 02.04.1993. The possession of the land of the petitioner was taken over on 26.08.1992 even prior to the award being made under the emergency clause. The land of the petitioner forming part of the Khasra No.19/20 Min measuring 4 Bighas 5 Biswas was situated in the revenue estate of village Kakrola and was acquired for the Delhi Development Authority. As per the policy, the petitioner applied for an alternate plot to the Land & Building Department on

(2.) 05.2006. A recommendation was made by the office of Land & Building Department to the Commissioner (Land), DDA, copy of this communication has been placed on record. 2. The grievance of the petitioner is that despite the recommendation having been made for two decades, the request for alternate plot has not be considered by the DDA despite the letter dated 02.05.2006 and the recommendation of 2006. It is also contended that other similarly situated persons have been allotted alternate plots. The inaction and denial of a plot by the respondents has forced the petitioner to knock the doors of this court for justice.

(3.) IT is further stated in the counter affidavit that in view of this position it was decided at the level of the Vice -Chairman, DDA, that those cases may be included in the draw where the recommendations are absolutely clear and accordingly, the name of the petitioner was not included for the draw. It is also stated that reminders were sent to the Land & Building Department, but no response was received.