Indraj v. Land Acquisition Collector (Se) & ORS
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 787/2018 INDRAJ ..... Petitioner Through:
Mr. Deepak Khosla, Advocate versus LAND ACQUISITION COLLECTOR (SE) & ORS..... Respondents Through:
Mr.Yeeshu Jain & Ms.Jyoti Tyagi, Advocates for Respondent/LAC/L & B Ms. Abha Malhotra, Advocate for Respondent/DDA Mr. Shekhar Kumar, Advocate for Respondent No.3
CORAM:
JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R
% 28.01.2019
1. The prayer in the petition reads as under: "to issue a writ / order / direction in the nature of certiorari calling for the records of the acquisition proceedings in respect of the land comprised in khasra No. 168/2 (1-11) and 169 (5-09) situated in the revenue estate of village Kotla Maigiran, New Delhi acquired vide award No.205/86-88 dated 19.9.1986 village Kotla Maigiran, New Delhi and further to issue appropriate writ, order or direction declaring the acquisition proceedings having lapsed and have become inoperative after the coming into force of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013.
Award cost of proceedings to the humble petitioner".
2. The narration in the petition reveals that the notification under Section 4
of the Land Acquisition Act, 1894 („LAA‟) was issued on 6th April, 1964, followed by declaration under Section 6 of the LAA on 7th December, 1966. The impugned Award No.205/1986-87 was passed on 19th September, 1986. There is no explanation in the petition for the inordinate delay in approaching the Court for relief.
3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar matters on account of delay and laches.
4. In that view of the matter, learned counsel for the Petitioner seeks liberty to withdraw this petition with liberty to file a fresh petition giving a proper explanation for inordinate delay in the Petitioner approaching the Court for relief.
5. The petition is dismissed as withdrawn with liberty prayed for.
6. The interim order dated 29th January, 2018 is hereby vacated. S. MURALIDHAR, J.
SANJEEV NARULA, J.
JANUARY 28, 2019 mw