The Delhi High Court has stated that two rooms without basic requirement of a kitchen cannot be treated as a house while deciding a case of a woman asking for an alternate plot in return for acquired land.
The petitioner had earlier requested the concerned authority in the Government of Delhi to allot an alternate plot against a piece of land acquired by the petitioner. The Government had rejected the plea on the grounds that a two-room property which was occupied by tenants is under petitioner’s possession.
The petitioner’s lawyer had submitted to the Court that the property owned by the petitioner cannot be considered as a dwelling house as the plot only comprises of two rooms and a bathroom without a kitchen, as per the records of Municipal Corporation of Delhi (MCD).
The HC, while taking note of various judgments of Supreme Court and Punjab and Haryana High Court, has stated that a dwelling unit must provide the basic amenities such as cooking, sanitary, washing, etc. In doing so, the HC has taken a deviation from the government’s view by holding that the acquired property cannot be considered as a dwelling house as it does not provide the basic requirement of a kitchen.
Further, the HC has set aside the government authority’s order and has directed the government to reconsider the application of the petitioner for allotment of an alternate plot, within 12 weeks.
