SUDHIR UDAR Vs. LAND & BUILDING DEPARTMENT

JUDGEMENT

(1.) This Intra-Court appeal has been filed by the appellant challenging the order dated July 15, 2016 passed by the learned Single Judge in W.P.(C) No. 5399/2016, whereby the learned Single Judge has dismissed the writ petition.

(2.) The facts as noted from the record are that, it was the case of the appellant before the learned Single Judge that his land measuring 8 Bighas and 4 Biswas was acquired vide Award No.26/2002-2003 by the Land Acquisition Collector, South - West District, Dwarka, New Delhi. On December 9, 2002, compensation was received by him from the Department amounting to Rs. 36,03,026/-. It was his case that on February 04, 2015 he had approached the respondent i.e. Land and Building Department for accepting his application along with the requisite documents for allotment of an alternate plot. However, his application was not accepted.

(3.) The stand of the respondent before the learned Single Judge was that there has been an inordinate delay on the part of the appellant to approach the department for alternate plot as his land was acquired way back in the year 2002 and also he had received the compensation from the Land Acquisition Collector in the same year. In substance, it is their case that after 13 years, the application is not maintainable. Reliance was placed by the respondent on the judgment of this Court in the cases reported as titled as Smt. Sundari Bala Vs. Lt. Governor & Ors, 2000 86 DLT 505 and titled as Govt. of NCT of Delhi vs. Jagdish Singh, 2012 192 DLT 368.