LAND & BUILDING DEPT, GNCTD Vs. KASTURI

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original respondent in W.P.(C) 6175/2018, which was allowed by the learned Single Judge vide judgment and order dated 29.08.2018 (Annexure A-1 memo to this appeal) whereby the learned Single Judge allowed the respondent (original petitioner) to present two more documents, viz., Aadhar Card as well as Identity Card (attested by the gazetted officer) before this appellant authority (original respondent) with costs of Rs.10,000/-, and it was further directed by the learned Single Judge that the application by the respondent (original petitioner) for getting an alternate plot, as per the policy floated by this appellant (original respondent) should be considered by this appellant in accordance with law.

(2.) Counsel appearing for the appellant submitted that the plot in question, which was acquired, is ad measuring 15 bighas and 8 biswa. The plot in question was taken over in the year 1997 and compensation was paid in the year 2008.

(3.) Counsel appearing for the appellant further submitted that the application for an alternate plot was preferred by the original petitioner in the year 2008 and a letter was written by this appellant to the respondent (original petitioner) on 2nd August, 2016 (Annexure P-6), and another letter, dated 15th November, 2016 (Annexure P-9 to the memo of this appeal), was written as well, to provide certain documents, so that the application preferred by the respondent for getting an alternate plot could be appreciated by this appellant in accordance with the Allotment of Alternative Land Policy, 1961. It is further submitted by the counsel for the appellant that these documents were not supplied by the respondent, hence, her application was rejected vide order dated 27th January, 2017 (Annexure P-1 to the memo of this appeal). Counsel appearing for the appellant further submitted that if the respondent has got more than one house within Delhi or outside Delhi, the respondent cannot be allotted any plot. To substantiate this contention, learned counsel for the appellant has placed reliance on the judgment dated 14th September, 2011, passed by the Hon'ble Supreme Court, in Civil Appeal No.8289/2010, titled Delhi Development Authority vs. Jai Singh Kanwar & Ors.