Jaipal v. The Government Of NCT Of Delhi And ORS.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7694/2019 & CM Appl.No. 31996/2019 JAIPAL ..... Petitioner Through Dr.Subhash Vijayran, Advocate versus THE GOVERNMENT OF NCT OF DELHI AND ORS Respondents Through Mr. Yeeshu Jain & Ms.Jyoti Tyagi, Advocates for Respondent/LAC/ L & B Mr. Sanjay Singh, Advocate for Respondent/DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 19.07.2019

1. The prayer in the present petition is for a declaration that the land acquisition proceedings under Award No. 25/2005-06/DC CNW) dated 6th February 2006 concerning lands in Khasra. No. 18/23 (min) measuring 12 Biswas, No. 20/24 measuring 02 Bighas, No. 36/25 measuring 04 Bighas 16 Biswas and No. 41/3 measuring 04 Bighas 16 Biswas situated in the revenue estate of Village Kirari Suleman Nagar, Patti Nithari, Delhi are deemed to have lapsed in terms of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. There is no satisfactory explanation in the petition for the inordinate delay

in approaching the Court for relief in respect of an Award that was passed back in 2006. This Court has in a series of orders including Mool Chand v. Union of India 2019(173) DRJ 595[DB] followed the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 and dismissed similar petitions on the ground of laches.

3. In that view of the matter, the Petitioner‟s son who appears in person as his attorney seeks leave to withdraw this petition with liberty to file a fresh petition giving the proper explanation for the inordinate delay in the Petitioner approaching the Court for relief.

4. The petition and the application are dismissed as withdrawn with liberty as prayed for.

S. MURALIDHAR, J.

TALWANT SINGH, J.

JULY 19, 2019 mw