High Court of DelhiW.P.(C)/1400/2019

Soram & ORS v. Union Of India & ORS

2019-02-11Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 1400/2019 SORAM & ORS.

..... Petitioners Through:

Mr. Arun Kumar Kaushik, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

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

Mr. Dev. P. Bhardwaj, CGSC with Mr. Jatin Teotia, Advocate for R1/UOI.

Mr. Arun Birbal, Advocate for DDA.

Mr. Sanjay Singh, Advocate for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 11.02.2019 CM APPL. 6376/2019 (Exemption)

1. Exemption allowed, subject to all just exceptions. W.P.(C) 1400/2019 & CM APPL. 6375/2019

2. The prayer in this petition reads as under: "(i) Pass a writ, order or direction in the nature of writ of declaration, thereby declaring the acquisition proceedings initiated in respect of the land of the Petitioners being 1⁄2 joint share in Khasra No. 796/456/3 (03-09), 783/407 (4-14), 784/408 (03-06), 490/421 min (01-12) & 548/492/421 (02-07), total measuring 15 bighas 08 biswas, situated in the revenue estate of

Village Jasola, Tehsil - Sarita Vihar, District South-East, Delhi, as deemed to have lapsed, further quashing of the impugned Award No. 21/1992-93 of village Jasola, Tehsil - Sarita Vihar, District South-East, Delhi, to the extent of the land of the petition, as deemed to have lapsed in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; (ii) pass any other or further order(s) which this Hon'ble Court may deem fit and proper in the interest of justice."

3. According to the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 23rd June 1989 followed by declaration under Section 6 LAA on 22nd June 1990. The impugned Award No.21/1992-93 was passed way back on 19th June 1992. There is no explanation in the petition for the inordinate delay in approaching the Court for relief.

4. 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.

5. Dismissed as withdrawn with liberty as prayed for. The pending application is disposed of.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 11, 2019 nk