Delhi High Court - Orders
Minto Road Puja Samity vs Estate Officer Land And Development ... on 8 July, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9213/2019 & CM APPL. 37965/2019
MINTO ROAD PUJA SAMITY ..... Petitioner
Through: Mr. Chinmoy Pradip Sharma, Sr.
Advocate with Mr. Shailesh K. Sinha,
Mr. Irfan Hasieb and Mr. Krishnajyoti
Deka, Advocates
versus
ESTATE OFFICER
LAND AND DEVELOPMENT OFFICE AND ORS
..... Respondents
Through: Mr. Anil Soni, CGSC for UOI
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 08.07.2022
1. The instant petition has been filed on behalf of the petitioner under Articles 226 & 227 of the Constitution of India praying for issuance of an appropriate Writ/Direction to Respondents to favourably consider the application of the petitioner for allotment of land pending since 15th February, 2001 in terms of the erstwhile land allotment policy.
2. Mr. Chinmoy Pradip Sharma, learned senior counsel appearing on behalf of the petitioner submitted that a Kali Mandir has been situated since 1940 on the land in question. Since 1941 till date, every year the Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:08.07.2022 15:43:43 petitioner has been organizing Durga Puja on the said land. The Petitioner having been in occupation of the Land since 1940, applied for allotment of the land for the Kali Mandir by its application dated 15th February 2001 which continues to be pending and the Respondents have failed to take a decision on the application till date. It is also submitted that similarly situated religious and social organisations have been allotted lands for their functioning; however, the case of the petitioner still remains pending before the respondent authorities.
3. Learned senior counsel for the petitioner prayed that he may be granted liberty to file a detailed representation/application before the concerned authority/R-2 for fresh adjudication of the request of the petitioner for allotment of land and also, prayed to direct the concerned authority/R-2 to decide the matter expeditiously.
4. Mr. Anil Soni, learned standing counsel appearing on behalf of the respondents has no objection to the innocuous prayer made by the learned senior counsel for the petitioner.
5. Heard learned counsel for the parties and perused the record.
6. In view of the innocuous prayer made on behalf of learned senior counsel appearing on behalf of petitioner and no objection on behalf of the respondents, this Court is inclined to grant liberty to the petitioner without entering into the merits of the case. Accordingly, the petitioner is directed to file an appropriate detailed representation/application along with the copy of the writ petition before the concerned authority/R-2 within two weeks and after receiving the said application/representation, the concerned Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:08.07.2022 15:43:43 authority/R-2 is directed to decide upon the same by way of passing a detailed and well-reasoned order in accordance with law expeditiously, preferably within six months.
7. With the aforesaid directions, the instant petition along with the pending application is disposed of.
CHANDRA DHARI SINGH, J JULY 8, 2022 Dy/@k Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:08.07.2022 15:43:43