Government of NCT of Delhi through Secretary Land and Building Department Vs Sh Ranbir Singh Tomar & Anr.

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 484/2026, CM APPL. 41847/2026, CM APPL. 41848/2026, CM APPL. 41849/2026 & CM APPL. 41850/2026

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GOVERNMENT OF NCT OF DELHI THROUGH SECRETARY LAND AND BUILDING DEPARTMENT .....Appellant

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Through: Mr.Sanjay Kumar Pathak, S.C. with Ms.K.K.Kiran Pathak, Mr.Sunil Kumar Jha, Mr.M.S.Akhtar, Ms.Kushagra Dixit, Advs.

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versus

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SH RANBIR SINGH TOMAR & ANR. .....Respondents Through: CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 08.07.2026

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Heard the learned counsel for the appellant, Mr.Sanjay Kumar Pathak on the applications seeking condonation of 413 days delay in filing and 154 days delay in re-filing the appeal.

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2. Form a perusal of the averments made in the applications, we find that no reason whatsoever, even for the namesake, has been stated explaining the delay.

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As already noticed above, the appeal has been filed with a delay of 413 days and thereafter 154 days delay has occurred in re-filing the same.

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In absence of any explanation, much less sufficient reasons, we are not satisfied that delay has adequately been explained.

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This is a digitally signed order.

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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 13/07/2026 at 15:39:31

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Accordingly, the applications seeking condonation of delay in filing and re-filing the appeal, are hereby rejected.

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Even on merits, the appellant does not appear to have made out any case. The allotment of alternative plot to persons whose land has been acquired for public purpose is governed by a policy, which is extracted in para 10 of the impugned judgment passed by the learned Single Judge. The appellant placed reliance on clause 3 of the said policy, according to which a person seeking allotment of an alternative plot under the said policy should not own a house/residential plot/flat out of village abadi himself or in his/her dependent relations name including unmarried children, nor should he be a member of any Co-operative Housing Society. It was further pleaded by the appellant before the learned Single Judge that since the wife of the respondent owned a house at Gurugram as such, the respondent was not entitled to the benefit of the said policy.

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Such issue has been subject matter of consideration by this Court in a catena of matters. Learned Single Judge has relied upon the judgment in the case of Ajay Bajpai v. Union of India and Ors. , dated 20.02.2024 passed in W.P(C) 7142/2023 , wherein it has been observed that for disentitlement of a person seeking alternative plot in terms of clause 3 of the said policy, the relative should own a house or plot within the territories of Delhi. Admittedly, even as per the case of the appellant, the respondent’s wife owned the house not within the territories of Delhi, but outside it i.e. in Gurugram.

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Learned Single Judge while relying upon various judgments rendered by this Court in this regard has also placed reliance on a Full Bench judgment of this Court in Smt. Shiv Devi Virlley v. Lt. Governor of Delhi &

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This is a digitally signed order.

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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 13/07/2026 at 15:39:31

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Ors. [1986 SCC OnLine Del 254] and has quashed the order refusing allotment of plot to the respondent.

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In view of the aforesaid judgment of the Full Bench in the case of Smt. Shiv Devi Virlley (supra) , the appellant has utterly failed to make out a case on merits in this appeal.

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Accordingly, the appeal along with pending applications is dismissed on account of unexplained delay as well as on merits.

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There shall be no orders as to costs.

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DEVENDRA KUMAR UPADHYAYA, CJ

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TEJAS KARIA, J

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JULY 8, 2026 S.Rawat

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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 13/07/2026 at 15:39:31

Government of NCT of Delhi through Secretary Land and Building Department v. Sh Ranbir Singh Tomar & Anr.

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Government of NCT of Delhi through Secretary Land and Building Department v. Sh Ranbir Singh Tomar & Anr.

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