RAMWATI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) These intra-court appeals impugn the common order dated 22nd November, 2013 of the learned Single Judge of dismissal of W.P.(C) No.7311/2013 & W.P.(C) No.7310/2013 filed by the appellants respectively on account of inordinate delay and laches.

(2.) The land of the appellant in LPA No.228/2014 was acquired vide Land Acquisition Award No.14/1992-1993 pursuant to Notifications dated 23rd June, 1989 and 22nd June, 1990 under Section 4 and under Sections 6&17 respectively of the Land Acquisition Act, 1894. Possession of the said land was taken on 27th December, 1990 and 22nd September, 1995 and last installment of compensation was received by the appellant on 19th March, 1996. The appellant on 7th June, 1996 applied under the Scheme dated 2nd May, 1961 of the Government for allotment of alternative plot. However the said application was rejected vide letter dated 1st September, 1999 on the ground that the application for alternative plot should have been submitted latest by 12th July, 1995 while it was submitted on 7th June, 1996. The appellant claims to have, after nearly ten years, filed an application dated 17th December, 2008 under the Right to Information Act, 2005 and thereafter claims to have issued legal notices dated 29th October, 2010, 13th July, 2011 and 1st November, 2012 and thereafter in or about October, 2013 filed the writ petition from which this LPA No.228/2014 arises, impugning the letter dated 1st September, 1999 rejecting his request for alternative plot and seeking a direction to the respondents to process his case for allotment of alternative plot and to allot alternative plot to the appellant.

(3.) The counsel for the respondents appearing on advance notice, opposed the writ petition from which LPA No.228/2014 arises contending that there was an unexplained delay of 14 years in filing the writ petition impugning the rejection dated 1st September, 1999.