Suman Murthy v. Govt Of NCT Of Delhi And ORS

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1603/2016 & CM APPL. 6978/2016 SUMAN MURTHY ..... Petitioner Through:

Mr. M.A. Khan, Advocate with Mr.Suresh Chandra, Advocate.

versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Through:

Ms. Astha Tyagi, Advocate with Mr. Dinesh Trehan, Advocate for LAC and L&B.

Mr M.K. Singh, Advocate for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 13.02.2019

1. The prayer in the present petition reads as under:- "a) issue appropriate writ, order, direction declaring the land acquisition proceedings in respect of the land of the Petitioner comprised in Khasra No.1271 admeasuring 1 Bigha 10 Biswas situated in Revenue Estate of village Malikpur Kohi @ Rangpuri, New Delhi initiated vide Notification bearing No.F.9(12)/95/L&B/LA/9743 dated 27th June, 1996 issued under Section 4 of the Land Acquisition Act, 1894, Notification bearing No.F.9(12)/95/L&B/LA/1046 dated 10th January, 1997 under Section 6 of the Land Acquisition Act, 1894 and Award No.2/1998-99 dated 7th January, 1999 to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;

b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The Petitioner does not dispute that the notification dated 10th January, 1997 under Section 6 of the Land Acquisition Act, 1894 stands quashed and

that has been confirmed by the Supreme Court. Accordingly, Award No. 2/1998-99 does not survive qua the Petitioner. The question, therefore, of granting the Petitioner relief under Section 24 (2) of the 2013 Act does not arise.

3. The petition and the pending application are accordingly dismissed. S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 13, 2019 mw