Writ petitions challenging rejection of applications for alternative plots in lieu of acquired land. The court found the rejection orders lacked reasons and details of unacquired land and remanded the matters to the Competent Authority for fresh decisions after disclosing the Halka Patwari report details and granting personal hearings.
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$~24 and 25
versus GOVERNMENT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Siddharth Panda, Advocate for Respondent.
Ms. Mrinalini Sen, Standing Counsel with Ms. Gauri Shyam, Advocates for DDA
versus
GOVERNMENT OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rajneesh Sharma, Advocate for Respondent.
Ms. Mrinalini Sen, Standing Counsel with Ms. Gauri Shyam, Advocates for DDA
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
W.P.(C) 11352/2021 and connected matter
Page 1 of 5
This is a digitally signed order.
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under Article 226 of the Constitution of India laying a challenge to the decisions of learned SDM whereby their applications for allotment of alternative plot as per Government policy in lieu of acquired lands have been rejected.
W.P.(C) 11352/2021 and connected matter
Page 2 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/12/2024 at 11:45:53
W.P.(C) 11352/2021 and connected matter
Page 3 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/12/2024 at 11:45:53
unacquired. Petitioners have taken a categorical stand in the writ petitions that their entire lands, the details of which have been mentioned, were acquired and they had received compensation. Significantly, the details are also mentioned in the application forms. The least that is expected of a Government functionary is to give reasons for rejection of any claim or application. Merely stating that as per report of Halka Patwari, entire land was not acquired and unacquired land was remaining, cannot suffice in a rejection order. During the course of hearing, counsel for Respondent No.1 sought to justify the impugned orders by reading the details from the counter-affidavits. I am afraid, this Court cannot read the counter-affidavit into the impugned orders which must be self-contained and speaking and must inform an applicant the reason(s) that weighed with the Competent Authority to reject the application. [Ref: Mohindhr Singh Gill and Another v. Chief Election Commissioner, New Delhi and Others, (1978) 1 SCC 405 ].
W.P.(C) 11352/2021 and connected matter
Page 4 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/12/2024 at 11:45:53
their cases will be processed for allotment, subject to other formalities. However, if the decision is otherwise, a reasoned and speaking order will be passed which will be communicated to the Petitioners within one week from the date of the decision. Petitioners will be at liberty to take recourse to legal remedies, if advised.
JYOTI SINGH, J
DECEMBER 10, 2024
B.S. Rohella
W.P.(C) 11352/2021 and connected matter
Page 5 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/12/2024 at 11:45:53
1 issue framed by the court
Whether rejection of applications for alternative plots, based only on a Halka Patwari report without reasons or details, can be sustained under the rehabilitation policy?
Colour shows how this judgement treated each authority
Delhi Development Authority v. Jai Singh Kanwar and Ors.Relied on¶5
Civil Appeal No.8289/2010
Mohindhr Singh Gill and Another v. Chief Election Commissioner, New Delhi and OthersRelied on¶6
(1978) 1 SCC 405 · Who else cites this
1 provisions across 1 enactments
Smt Vidya
Smt Mishri Devi
Government of NCT of Delhi
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
