← Library
High Court of DelhiW.P.(C)/2544/2024

Mukesh Kumar & ORS. v. Government Of NCT Of Delhi & ANR.

2024-10-24Hon'Ble Mr. Justice Yashwant Varma,Hon'Ble Mr. Justice Ravinder Dudeja2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2544/2024 MUKESH KUMAR & ORS. .....Petitioners Through:

Mr. Sunil Dahiya, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ANR......Respondents Through:

Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Mr.

Mussarrat Benjeer and Ms.

Sami Sameer Siddiqi, Advocates.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 24.10.2024 1.

The writ petition has been preferred seeking the following reliefs: - "I. Issue a writ of mandamus or any other appropriate writ, order, or direction to instruct the respondents to send the names of the petitioners as "Interested Parties" along with the necessary formalities, documents, claim applications, and compensation amount concerning shops numbered 10113 to 10117 and 1032 in Model Basti, Village Sidhipura, Karol Bagh, Delhi, which are subject to acquisition as per Land Acquisition Award No. 1/201213 for Model Basti, to the reference court of Additional District Judge (Central), Tis Hazari Court, Delhi, in accordance with the provisions of Section 30-31 of the Land Acquisition Act, 1894. II.

Issue a writ of certiorari to call for the records pertaining to the land acquisition proceedings, including all notifications, orders, and documents relating to the acquisition of shops numbered 10113 to 10117 and 1032 in Model Basti, Village Sidhipura, Karol Bagh, Delhi, as well as Land Acquisition Award No. 1/2012-13. Additionally, the records of the petitioner's applications, reminders, and objections filed and dated 05.10.2010 (Diary No. 4457), 02.02.2016, 25.01.2017, and lastly on 16.10.2023, are also sought to be called for.

III. Award costs of the present petition in favour of the petitioners and against the respondents; and 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 28/10/2024 at 12:15:59

IV. Issue any other or further appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in favour of the petitioners and against the respondents."

2.

However, learned counsel for the writ petitioner clarifies that the solitary prayer which is sought to be addressed and pursued is with respect to apportionment as contemplated under Sections 30 and 31 of the Land Acquisition Act, 1894 ['Act'].

3.

From the disclosures which are made in the writ petition, we find that they assert that two applications for release of compensation were made on 05 October 2010 and 02 February 2016. It is the disposal of those applications which is prayed for in the present writ petition.

4.

Mr. Pathak, learned counsel appearing for the Land Acquisition Collector, states that subject to due verification of all facts and contentions on merits being kept open, the said pending applications shall be duly examined and further action taken in accordance with law.

5.

He further submits that all endeavor shall be made to dispose of those applications with expedition and preferably within a period of eight weeks from today. The statement so made is recorded and accepted.

6.

The writ petition stands disposed of on the aforesaid terms. YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

OCTOBER 24, 2024/vp 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 28/10/2024 at 12:15:59