For the reasons stated in the application and in the interest of justice,
delay of 256 days in the filing the present appeal is condoned.
Application stands disposed of.
1. The present appeal has been preferred against the impugned order
dated 19.08.2015 passed by the learned Single Judge in W.P.(C) No.
LPA No 384/2016 Page 1 of 6
3124/2014 whereby the learned Single Judge allowed the writ petition of the
respondent herein. The unsuccessful respondent in the writ petition is the
appellant before us.
2. The brief facts of the present appeal stated by the appellant are that
the respondent was the owner of two parcels of land situated in Village
Nilothi, Delhi. Vide notification 06.01.1995 under Section 4 of the Land
Acquisition Act, 1894 lands falling in Village Nilothi, Delhi were acquired
by the Government for the public use. Pursuant to the aforesaid notification,
Award No. 7/96-97 was announced. The respondent received compensation
i.e a sum of Rs. 10,89,014/- in respect of first parcel of land on 14.03.1997
and a sum of Rs. 3,63,004/- with TDS quantified at Rs. 3155/- in respect of
the second parcel of land on 01.05.2000. He applied for allotment of
alternative plots on 27.05.1998 and 31.05.2001 respectively. By
communication dated 28.11.2013 issued by the appellant the respondent’s
application dated 31.05.2001 for allotment of an alternate land had been
rejected on the ground that it was filed beyond the prescribed period of
limitation. W.P.(C) 3124/2014 was preferred against the communication
dated 28.11.2013 issued by the appellant wherein the Learned Single Judge
held that :
Source: Indian Kanoon