HARGYAN SINGH Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 and 227 of The Constitution of India seeking writ in the nature of mandamus or certiorari directing the Respondents herein to act in the matter immediately and recommend an alternative plot of 250 Sq. Yds. as per the scheme to the petitioner in respect of his acquired land and further to send the file bearing No. F.33(29)/13/87/L&B/Alt to DDA for allotment.

(2.) Brief facts stated are that on 27.03.1985 land bearing Khasra No. 54/14(4-16), 15(1-14), 66/24(4-16), 71/4(4-16) measuring 16 Bighas 2 Biswa situated in village Samaypur, Delhi was got acquired by Land Acquisition Collector vide Award No. 42/84-85. Hargyan Singh (Petitioner herein) had 1/20th share in the said land, the land was subsequently transferred to DDA for public utility purposes. On 15.04.1987 petitioner's mother Smt. Hukmi Chand applied for the alternative plot in lieu of the land which was got acquired as per scheme alongwith requisite documents, the case was registered under File No. 33(29)13/87/L&B/Alt. On 17.06.1987 Land Acquisition Collector, Narela, Delhi sent his report in respect of the share of the petitioner and the compensation to be given with full details of the acquired land. On 28.09.1988 petitioner became major and submitted a copy of his school certificate as his age proof. On 06.03.1991 petitioner again submitted copy of ration card, Death Certificate of his father for the purpose of allotment of alternative plot. Meanwhile, the file was closed on 08.01.1992 for non-submission of documents. On 14.12.2011 the petitioner filed application under RTI Act seeking status and other information in respect of his case pending before the L&B Department. On 21.03.2012 petitioner received reply from L&B Department of the said RTI application stating that it is too late and beyond prescribed period as the file was closed on 08.01.1992, however, as per petitioner, no intimation regarding closing of file was ever given to the petitioner. Thereafter, on 30.03.2012 the petitioner made a representation before the Secretary (Alt), Land and Building mentioning all the relevant facts but the said representation was not replied and decided by the department, hence this petition.

(3.) Petitioner has submitted that he applied for an alternative plot against Award No. 42/84-85 Village Sameypur, New Delhi in the office of the respondent who use to recommend the alternative plot. The petitioner file was File No. 33(29)13/87/L&B/Alt as per scheme. Petitioner submitted that he submitted all the documents required for alternative plot in the year 1991. Thereafter, petitioner in 2011 filed an RTI application for seeking status of his case file and to his utter shock the said application was got closed in the year 1992. Petitioner submits that many closed/rejected files has been reopened on several occasions by the order of various authorities and placed his reliance on Narain Singh v. Govt. of NCT of Delhi W.P.(C) 3587/2007 decided on 06.11.2009 and on Veerwati v. Govt. of NCT of Delhi W.P.(C) 3393/2007 decided on 26.10.2009.