LAWS(DLH)-2019-8-304

BALBIR SINGH Vs. GOVT. OF NCT OF DELHI

Decided On August 27, 2019
BALBIR SINGH Appellant
V/S
GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 and 227 of the Constitution of India for issuing a Writ of Mandamus and Certiorari directing the respondent to act in the matter immediately and recommend the alternative plot of 400 sq.yards as per scheme to the petitioner in respect of his acquired land and further send the file to DDA for allotment. It is further prayed to call the entire records of the petitioner's file.

(2.) It is the case of the petitioner that the alleged land measuring about 54 bigha situated in village Bagrola, Delhi of the petitioner was got acquired by the Land Acquisition Collector on 19.09.1986. Later on the said land was transferred to DDA for public purpose/Dwarka City. On 1.12.1986 the petitioner applied for alternative plot in lieu of the land acquired as per scheme alongwith requisite documents and his case was got registered. On 9.2.1987 the petitioner submitted certain documents asked for by the Department vide letter dated 26.12.1986. On 17.1.1997 the petitioner filed application for reopening file of the petitioner alongwith certain documents. Representations were filed in 2009 and 2010 and hence the present Writ Petition.

(3.) Learned counsel appearing for the respondents has relied upon the judgment of a coordinate bench of this court in W.P.(C)6900/2008 dated 7.5.2019 titled Savitri Devi vs. Govt.of NCT of Delhi to contend that under similar circumstances on account of delay and latches in approaching the court this court had dismissed a similar Writ Petition. Learned counsel for the petitioner relies upon the judgment of this court titled Narain Singh vs. Govt. NCT of Delhi being W.P. (C) 3587/2017 dated 06.11.2009 wherein, in similar circumstances the court had allowed the writ petition.