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Judgment
Sanjiv Khanna, J.—It is apparent from the counter affidavit filed by the respondents that the land in question is encroached upon by third parties and is subject matter of several writ petitions, in which interim orders have been passed by the Division Bench, directing that the respondents can complete the process of acquisition but possession will not be taken till the question of regularization of unauthorized colony is decided.
It is a well known fact that subsequently the respondent, Government of NCT of Delhi has framed a regularization scheme. One of the authorized colonies slated for regularization is Samalkha Extension. The petitioner obviously now cannot be allotted land/plot in the said colony.
In view of court orders passed in other writ petitions filed by residents of Samalkha Extension, the petitioner is not entitled to any relief and no writ of mandamus can be issued as it will come into conflict with the orders passed by the Division Bench. However, it will be open to the petitioner to ask for refund of Rs. 12,000/- or to wait till the respondent-MCD frames any other scheme under which allotment can be made to the petitioner. The writ petition is disposed of.