Dr. Mahmuda Ahmad v. Govt. Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 638/2016 DR. MAHMUDA AHMAD ..... Petitioner Through:

Mr. Akshit Gadhok, Advocate.

versus GOVT. OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Sanjay Kumar Pathak and Mr. Sunil Kumar Jha, Advocates for LAC/L&B/GNCTD.

Mr. Dhanesh Relan, Standing Counsel DDA with Mr. Rajeev Jha and Ms. Gauri Chaturvedi, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 05.02.2019

1. The prayer in the present petition reads as under: "(i) Issue a writ, order or direction in the nature of writ of mandamus, declaring the Land Acquisition proceedings initiated in respect of the land of the petitioners forming part of the notification dated 27-6-1996 (ANNEXURE-P-5) situated in the revenue estate of Village Malikpur Kohi Rangpuri, Tehsil: Vasant Vihar, New Delhi as deemed to have lapsed on 1-1-2014 in view of the provisions of section 1 (3) of the "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: and (ii) Pass any other or farther order(s) as deemed fit and appropriate in the facts and circumstances of the case."

2. Learned counsel for the LAC informs the Court that the Award made pursuant to the notification under Section 4 issued on 27th June 1996 stands quashed in view of the decision of the Supreme Court in Civil Appeal No. 2997/2012 (Government of NCT of Delhi v. Geeta Batra).

3. He further states that a fresh notification under Section 6 of the LAA has been issued only on 4th July 2017 pursuant to which no award has been passed. In that view of the matter, the question of granting the declaration sought for by the Petitioner does not arise.

4. The petition is accordingly dismissed and the interim order passed by this Court on 25th January 2016 as confirmed on 9th January 2018 is hereby vacated.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 05, 2019 nk