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High Court of DelhiW.P.(C)/982/2022

Arun Kumar Kapoor v. Union Of India & ANR.

2025-08-08Hon'Ble Mr. Justice Nitin Wasudeo Sambre ,Hon'Ble Mr. Justice Anish Dayal2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 982/2022 & CM APPL. 2777/2022 ARUN KUMAR KAPOOR .....Petitioner Through:

Mr. Inder Singh Dahiya, Advocate (through VC) versus UNION OF INDIA & ANR.

.....Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mrs. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. M.S.Akhtar and Mr.

Divakar Kapil, Advs for R-1.

Ms. Arti Bansal and Ms.Shruti Goel, Advs for DDA.

CORAM:

HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 08.08.2025 1.

Mr. Inder Singh Dahiya, learned counsel appears for petitioner and fairly concedes that reference under Section 18 of Land Acquisition Act 1894, was submitted to the Land Acquisition Collector ('LAC'). 2.

Mr. Sanjay Kumar Pathak, learned counsel appears for LAC, states that irrespective of whether reference is within the limitation period or not, the same is forwarded to the competent authority i.e. the Civil Court and it is the Civil Court, which has to consider the claim. 3.

In the backdrop of submissions made by Mr. Sanjay Kumar Pathak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:04:50

and Mr. Inder Singh Dahiya, counsel for petitioner states that petitioner shall be advised to pursue his reference, given under Section 18, in accordance with law.

4.

As far as aforesaid submissions are concerned, support can be drawn from the Judgment of the Apex Court in the matter of State of Punjab and Ors v Sharan Pal Singh and Ors, 1996 11 SCC 683. 5.

In that view, we deem it appropriate to dispose of the petition with liberty granted to petitioner to pursue the reference, preferred under Section 18 before the competent authority.

6.

Petition accordingly, stands disposed of.

7.

Pending applications are rendered infructuous. 8.

Needless to clarify, we have not expressed any opinion on the merits of the matter.

9.

Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J AUGUST 8, 2025/RK/sp The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/08/2025 at 13:04:50