- (1.) SINCE the Communication of 31st January, 2011 impugned in the above two captioned writ petitions is the same, so with the consent of learned counsel for the parties above captioned petitions are heard together and are being disposed of by this common order.
(2.) IN lieu of petitioners surrendering their possession over Plot No.T-2228/2 measuring 138 sq.yds., they have been allotted alternate plot of 72 sq.yds. adjacent to Plot No.T-2238 and Plot No.T-2233/3 (Gurudwara), i.e., in between religious and future use plot, abutting 9M/13.5MR/W road, Plot No.T-2245 measuring 111 sq.yds. adjacent to Plot No.T-2323 vide aforesaid Communication of 31st January, 2011, which is impugned in the above captioned two writ petitions. The first round of litigation ended with order of 27th August, 2002 in C.W. No.3733/2002, wherein it was observed that the grievance of the petitioners does not survive in view of the counter affidavit filed by the respondent to the effect that in lieu of petitioners being evicted from the structure in their occupation in Ashok Nagar, Faiz Road, Karol Bagh, New Delhi to enable the demolition of the said structure, they would be offered alternate plots at the residential block at the same site and accordingly, for ancillary grievance, they were directed vide aforesaid order to make a representation to the respondent, which was duly made and the outcome of the said representation was allotment of plot between T-2353 and T-2355 which was not accepted by the petitioners. Now vide impugned Communication, plot adjacent to T-2238 has been allotted.
(3.) ACCORDING to the petitioners, impugned Communication runs counter to Minutes of Meeting of June, 2002 (Annexure-4), circulated on 17th July, 2002, wherein it was resolved as under:- "The occupant of T-2228/2 having area of 133 sq.yds. shall be given space between T-2353 and T-2355 which is of 131 sq.mtr. The plan will be modified accordingly by the Planning Wing. This was agreed to by all including the affected persons." ;