High Court of DelhiW.P.(C)/662/2019

Mrs Nayab Akhtar v. Union Of India And ORS.

2019-01-22Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~82 & 107 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 662/2019 MRS NAYAB AKHTAR ..... Petitioner Through:

Mr. Hemant Yadav and Mr. Waqar A.

Khan, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Sushant Tripathi, Legal Assistant for DMRC.

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B.

Mr. Dhanesh Relan, Standing Counsel DDA with Ms. Komal Sorout and Ms. Mrinalini Sharma, Advocates.

+ W.P.(C) 703/2019 MIRZA NAUSHAD BEG ..... Petitioner Through:

Mr. Hemant Yadav and Mr. Waqar A.

Khan, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Sushant Tripathi, Legal Assistant for DMRC.

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B.

Mr. Dhanesh Relan, Standing Counsel DDA with Ms. Komal Sorout and Ms. Mrinalini Sharma, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 22.01.2019 CM APPLs. 2978/2019 & 3085/2019 (Exemption)

1. Exemption allowed, subject to all just exceptions.

W.P.(C) 662/2019 & CM APPL. 2977/2019, W.P.(C) 703/2019 & CM APPL. 3084/2019

2. These two petitions seek the relief of a declaration to the effect that the land acquisition proceedings in respect of Award No. 20/92-93 for lands comprised in Khasra No.482/03-02 (in W.P.(C) 662/2019) and Khasra No.482/02-05 (in W.P.(C) 703/2019) in village Madanpur Khadar, Tahsil Kalkaji, New Delhi are deemed to have lapsed under Section 24 (2) of of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('2013 Act').

3. In both these petitions, the admitted position is that there is an unauthorized colony in respect of which regularization orders are awaited, and this Court has in several orders passed earlier including order dated 10th January, 2019 in WP(C) No. 3630/2018 (Akhil Sibal v. Govt. of NCT of Delhi) declined the relief of lapsing of land acquisition proceedings when the property in question is part of an unauthorized colony.

4. In that view of the matter, learned counsel for the Petitioners seeks leave to withdraw the present petition with liberty to pursue other remedies that the Petitioners may have with reference to their plea for regularization of the unauthorized colony in question.

5. The petitions are dismissed as withdrawn with liberty as prayed for. The applications are also dismissed.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 22, 2019 nk