LAWS(DLH)-2013-4-182

SHAKUNTALA DEVI Vs. LAND & BUILDING DEPARTMENT

Decided On April 26, 2013
SHAKUNTALA DEVI Appellant
V/S
Land And Building Department Respondents

JUDGEMENT

(1.) THE land of the petitioner in Village Mahipalpur was acquired vide Award no.17/72-73. As per the policy of the respondents for allotment of alternative plots under the Scheme dated 2.5.1961 for Large Scale Acquisition Development and Disposal of Land in Delhi, the petitioner applied for allotment of alternative plot on 3.3.1988. Vide letter dated 8.10.2012 , the petitioner as well as the Land Acquisition Collector were asked to provide certain information referred in the letter to the Land & Building Department of the Government of NCT of Delhi. The petitioner claims to have provided the requisite information on 31.10.2012. The Land Acquisition Collector also sent the requisite information vide letter dated 5.11.2012. The grievance of the petitioner is that despite his having provided the requisite information and the Land & Building Department also having received the requisite information from the Land & Acquisition Collector, no recommendation has so far been made for allotment of an alternative plot to her. The petitioner has approached this Court for the following reliefs:

(2.) A similar petition being W.P(C) No.2118/2013 came up for consideration before this Court and on 22.4.2013. The turn of the petitioner in that case, for allotment of alternative plot having matured, his application was under scrutiny when the writ petition came up for hearing. The petitioner in that case, considering the abnormal delay on the part of the respondent in making recommendation for allotment of alternative plot to him, wanted the Court to straightaway direct allotment within a time-bound manner instead of directing decision on his application pending with the government. In this regard, the petitioner in that case relied upon the decision of this Court in W.P(C) No.4043/2008 decided on 8.4.2009. The petitioner in this case is also relying upon the very same decision of this Court. Rejecting the prayer to direct straightaway allotment of alternative plot to the petitioner, this Court, inter alia, observed and held as under: