Pawanjit Singh Bawa v. Lt. Governor Of Delhi And ORS
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9925/2024 CM APPL. 40767/2024 PAWANJIT SINGH BAWA .....Petitioner Through:
Mr.Manish Vashishth, Sr Advocate with Mr.Akhil Sachar, Ms.Sunanda Tulsyan and Mr.Sunil Chowdhury, Advocates.
versus LT. GOVERNOR OF DELHI AND ORS .....Respondents Through:
Mr.Sanjay Kumar Pathak, SC, Mr.Sunil Kumar Jha, Mr.M.S.Akhtar, Ms.Nidhi Thakur and Mr.Mayank Arora, Advocates for L&B.
Ms.Manika Tripathy, SC, Mr.Barun Dey and Mr.Naveen Kumar Saraswat, Advocates for DDA.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA
O R D E R
% 24.07.2024 1.
The petitioner has filed the present petition, inter alia, impugning the order dated 05.07.2024 (hereafter the impugned order) issued by the Land and Building Department, Government of NCT of Delhi/respondent no.2 under instructions of the Competent Authority (respondent no.1). 2.
By the impugned order, the petitioner's representation for release of the subject land from acquisition in terms of Section 48 of the Land Acquisition Act, 1894, was rejected.
3.
The petitioner had on an earlier occasion filed the writ petition being The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
W.P.(C) No.19723/2004, which was disposed of by a common order dated 15.03.2010 whereby this Court had noted that the Hon'ble Lieutenant Governor is to re-examine the petitioner's request and would have the benefit of complete material for considering the petitioner's application under Section 48 of the Land Acquisition Act, 1894. 4.
In the aforesaid circumstances, this Court disposed of the petition [W.P.(C) 19723/2004] by clarifying that the earlier rejection of the petitioner's application for release of the subject land from acquisition would not come in the way of Hon'ble Lieutenant Governor examining the grievance of the petitioner and the request for release of the subject land. The Court had also indicated that the said decision would be taken with the assistance of the petitioners.
5.
The petitioner's representation continued to remain pending and finally got rejected by the impugned order. One of the grievances raised by the petitioner is that the impugned order was passed without the assistance of the petitioner as was directed by this Court. 6.
Mr Pathak, learned counsel for the respondents states on instructions that the Competent Authority shall pass a fresh order after affording the petitioner an opportunity of being heard.
7.
In view of the above, the impugned order is set aside and the petitioner's representation for release of the subject land is restored before the Competent Authority for consideration afresh. The interim protection as was available to the petitioner as per the order dated 15.03.2010 shall continue to be operative till such time the matter is considered afresh by the Competent Authority.
8.
It is clarified that all rights and contentions of the parties are reserved. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
The petition stands disposed of in the aforesaid terms. Pending application also stands disposed of.
VIBHU BAKHRU, J SACHIN DATTA, J JULY 24, 2024 M Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.