Jatan Singh & ORS v. Land & Buildingh Department & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 260/2018 JATAN SINGH & ORS ..... Petitioners Through:

Mr. N. S. Dalal, Mr. D. P. Singh and Ms. T. Banerjee, Advocates.

versus LAND & BUILDINGH DEPARTMENT & ORS ..... Respondents Through:

Mr. Rajneesh Sharma, Advocate for LAC/L&B.

Mr. R. K. Sharma, Advocate for R-1 and R-2.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 25.01.2019

1. The prayer in this petition reads as under: "a. (i) Issue an appropriate writ, order or direction thereby declaring that the acquisition proceedings concerning the land of Khasra No.91 Measuring 3 bighas 8 biswas situated in the revenue estate of Village Madanpur Khadar, Delhi, arising out of the Award bearing No.87 of 1980-81, stood lapsed under section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; (ii) Award the costs of the present writ petition in favour of the Petitioners and against the Respondent;

(iii) Pass any such other or further orders as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of

the case, in favour of the Petitioners and against the Respondent

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 4th April 1964 and a declaration under Section 6 was issued on 7th December 1966. The impugned Award No. 87 was passed way back in 1980-81. There is no explanation in the petition for the inordinate delay in approaching this Court for relief.

3. Learned Counsel for the Petitioner seeks leave to withdraw this petition with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for relief.

4. Dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J SANJEEV NARULA, J.

JANUARY 25, 2019 ss