Shabana And ANR. v. Delhi Development Authority And ORS.

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 907/2019 & CM No. 4089/2018 SHABANA AND ANR.

..... Petitioners Through:

Mr. Rajesh Ranjan, Advocate with Mr. Oragzeb Ali Khan, Advocate.

versus DELHI DEVELOPMENT AUTHORITY AND ORS.

..... Respondents Through:

Mr.

Sanjay Singh, Advocate for DDA.

Mr. Yeeshu Jain, Advocate with Ms.

Jyoti Tyagi, Advocate for L&B/LAC.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 28.01.2019 CM No. 4090/2019 & CM No. 4091/2019 (exemption)

1. Exemption allowed, subject to all just exceptions. W.P.(C) 907/2019 & CM No. 4089/2018

2. The prayer in the writ petition reads as under: "A) Issue writ or direction in the nature of Certiorari to quash the entire Land Acquisition proceedings vide award no. 19/92-93 in respect of Village Jogabai.

B) Issue writ or direction in the nature of Mandamus commending the authority of Respondents not to demolish the

residential house of the Petitioner no.l i.e. R-797, Land Measuring area 16 sq. yards (back side) out of 100 Sq.Yards ,part of Khasra No.

422/260 situated in the area of village Jogabai,Tehsil Defence Colony, Delhi and abadi now known as 20 Foota Saqlam Road,opp.Umar Masjid Jogabai Extn. Jamia Nagar, Okhla, New Delhi-l10025 and of Petitioner No.2 i.e. property bearing No. S-786, Land Measuring area 100 sq. yards(size 20 x 45 ),part of Khasra No. 420/260 situated in the area of village Jogabai, Jogabai Extn. JamiaNagar, Okhla, NewDelhi-110025.

C) Any other suitable writ order or direction which this Hon'ble court may deem fit and proper in such circumstance of the case. D) The cost of the writ petition may be awarded."

3. In the narration in the petition, the Petitioners disclose that the purchase of the property in question was long after the Award in the land acquisition proceedings was passed pursuant to the notification issued in 1989. In the circumstances, the question of granting the relief of quashing of the land proceedings, does not arise.

4. Learned counsel for the Petitioners states that he seeks leave to withdraw the present petition with liberty to pursue other remedies as may be available to the Petitioners in accordance with law.

5. The petition along with the pending applications are dismissed as withdrawn with liberty as prayed for.

6. The list of dates filed in this matter is not in the proper format or sequence. The Registry will take note of it and ensure that petitions are

carefully scrutinised hereafter at the time of registration. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 28, 2019 ss