Land & Building Department Govt of NCT of Delhi v. Lalit Kuamr

C. HARI SHANKAR, J JULY 01, 2019/kks

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 01.07.2019 + LPA 420/2019 with CM No.28812/2019, CM No. 28813/2019 and CM No.28814/2019 LAND AND BUILDING DEPARTMENT GOVT OF NCT OF DELHI ..... Appellant Through: Ms. Ruchika Rathi, Adv. with Mr. Deepak Biswas, Adv. versus LALIT KUMAR ..... Respondent Through: None. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C. HARI SHANKAR D.N. PATEL, CHIEF JUSTICE (Oral) CM No.28814/2019 (exemption) 1. Allowed, subject to just exceptions. CM No.28813/2019 (for condonation of delay) 2. This civil miscellaneous application has been preferred for condonation of delay of 347 days in preferring the Letters Patent Appeal. 3. Looking to the reasons stated in this civil miscellaneous application, there are reasonable reasons for condonation of delay. We, therefore, condone the delay in preferring the LPA. 4. This civil miscellaneous application is allowed and disposed of. LPA No.420/2019 5. This Letters Patent Appeal has been preferred by the original respondent in W.P.(C) No.4085/2018. The writ petition was preferred by the respondent for allotment of plot under Rehabilitation Policy, 1961. This writ petition preferred by the respondent was allowed by the learned Single Judge vide judgment and order dated 24.04.2018 and hence the original respondent has preferred the present Letters Patent Appeal. Factual Matrix 6. The land in question was owned by father of the respondent (original petitioner). The land in question was acquired on 28.09.2004. 7. Application for allotment of plot was preferred on 28.09.2005, under the Rehabilitation Policy, 1961. 8. The application for getting alternate plot was to be preferred within a period of one year. The alternate plot was not assigned to the respondent because there was delay of a day and the representation preferred by the respondent (original petitioner) was rejected on 08.03.2018. 9. The compensation for the acquisition of the land was paid on 28.09.2004 vide Award No.10/DC (N-W)/2004-05. 10. In view of the Rehabilitation Policy, 1961 alternative plot was demanded by the respondent (original petitioner). As his application for getting alternate plot was rejected because of a delay, the respondent preferred writ petition being W.P.(C) No.4085/2018 which was allowed by the learned Single Judge and hence this LPA has been preferred by the original respondent. Reasons 11. Having heard learned counsel for the appellant and looking to the facts and circumstances of the case, it appears that land in question belonging to the predecessor-in-title of the respondent was acquired by the appellant and the compensation was paid on 28.09.2004 vide Award No.10/DC (N-W)/2004-05. 12. As per the Rehabilitation Policy, 1961 the respondent applied for the alternate plot and his application was rejected by the appellant as there was a delay. It is submitted by the learned counsel for the appellant that within one year from 28.09.2004 the application for alternate plot should have been preferred whereas the respondent (original petitioner) has preferred an application on 28.09.2005. This contention of delay in preferring an application by the respondent is not accepted by this Court mainly for the reason that – the compensation was paid on 28.09.2004 and application has been preferred on 28.09.2005. Thus, at the highest, there is a delay of a day in preferring this application. Whenever any Rehabilitation Policy is floated by this appellant, such type of technical plea ought not to have been raised by this appellant. We may note that, in such cases, this Court has repeatedly held that delay is not fatal and ought to be condoned. Profitable reference may be made to the order dated 26.10.2018 in LPA 605/2018 (Govt. of NCT of Delhi vs. Dalel Singh & Anr.), which holds thus; in circumstances identical to the present: "LPA No. 605/2018 1. This appeal has been filed by the appellant challenging the order dated 23rd October, 2017 passed by the learned Single Judge