High CourtsSingle Bench(2021) 08 DEL CK 0058

Vinod Kumar Gupta vs SDM (HQ) & Ors.

Delhi High Court · Decided on 16 August 2021

HON’BLE JUDGES
Sanjeev Sachdeva, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 4358 Of 2021, Civil Miscellaneous Application No. 13283 Of 2021

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Judgment

19 paragraphs · 340 words

Sanjeev Sachdeva, J

1.

The hearing was conducted through video conferencing.

2.

Petitioner impugns order dated 21.01.2021 whereby the application of the petitioner for allotment of an alternative plot as per the Government policy

in lieu of acquisition of land of Village Sanoth vide award No.17/2003-04 has been rejected solely on the ground that petitioner has failed to submit the

requisite documents within 15 days.

3.

The impugned order records that petitioner has not submitted the complete documents i.e. title deed of property No.4353/55, Second Floor, Naya

Bazar, Delhi.

4.

Learned counsel for the petitioner submits that petitioner is a tenant in the subject property and had produced the rent receipt. He submits that as

there is an ongoing dispute with the landlord, petitioner was not in a position to produce the original sale deed of the said property.

5.

Learned counsel submits that with great difficulty petitioner had been able to trace out the registration details of the sale deed and has accordingly

obtained a certified copy of the sale deed of property with regard to second floor with terrace roof rights having an area measuring 100.33 sq.mtrs

being part of the northern side portion of property No.4053 to 4055 situated at Naya Bazar, Lahori Gate, Delhi.

6.

In view of the fact that petitioner has now produced the sale deed dated 16.06.2016 of the second floor allegedly of the subject property, I am of

the view that the very basis of impugned order does not survive any further and accordingly the same calls for a remit.

7.

In view of the above, the impugned order dated 21.01.2021 is set aside. Matter is remitted to the Recommendation Committee for reconsideration.

The Committee shall give an opportunity of personal hearing to the petitioner and thereafter pass a fresh speaking order expeditiously.

8.

All rights and contentions of parties are reserved.

9.

Petition is disposed of in the above terms.

10.

Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.