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High Court of DelhiW.P.(C)/13010/2019

Karambir @ Karamvir Singh & ORS v. Union Of India & ORS

2019-12-10Cases Pertaining To Spl.Division Benches2 pages

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13010/2019 KARAMBIR @ KARAMVIR SINGH & ORS ..... Petitioners Through:

Mr. Anuj Saini and Mr. Parveen Kumar, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Dhanesh Relan, Standing Counsel for DDA with Ms. Pallavi Nagar and Ms. Komal Sorout, Advocates.

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for R-4 & 5.

Mr. Awadhesh Kumar Singh, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 10.12.2019 C.M. Nos. 53016-53017/2019 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The applications stand disposed of.

W.P.(C) 13010/2019 & C.M. No. 53015/2019

3. The Petitioner has preferred this petition to assail the acquisition of land under the notification issued under Section 4 of the Land Acquisition Act on 23.02.2006 vide notification F.11(92)/2004/L&B/LA/14103 followed by a notification under Section 6 of the said Act dated 22.02.2007 bearing No.

F.11(92)/2004/L&B/LA/17513 and award No. 10/2008-09/DC(NW) as well as the possession proceedings dated 22.06.2011 in village Tikri Khurd in respect of which the Petitioners claim interest in land falling in Khasra No. 11/5. The Petitioners also seek a direction that the acquisition has lapsed.

4. Firstly, we may observe that the petition is highly belated and barred by laches as noticed hereinabove. The acquisition proceedings were initiated vide notification dated 23.02.2006 issued under Section 4 and the notification under Section 6 issued on 22.02.2007, the award was passed in 2008-09. The present appeal has been preferred after nearly ten years of the acquisition being completed. For the aforesaid reasons, we are not inclined to exercise our jurisdiction under Article 226 of the Constitution.

5. In view of the aforesaid, the present petition is dismissed. VIPIN SANGHI, J REKHA PALLI, J DECEMBER 10, 2019 nk