Kela Devi v. Govt Of NCT Of Dlehi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4549/2018 & CM APPL. 17630/2018 KELA DEVI ..... Petitioner Through:

Mr. Anwar Ali Khan and Mr. Nizammuddin, Advocates.

versus GOVT OF NCT OF DLEHI & ORS ..... Respondents Through:

Mr, Mohit Chaudhary and Mr. Anup Kumar Mishra, Advocates for R-2.

Mr. Anurag Singh and Mr. Nishant Piyush, Advocates for R-3/DDA.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 04.09.2019

1. The Petitioner has preferred the writ petition with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to issue a Writ in the nature of MANDAMUS and or any other appropriate order or direction of like nature directing the Respondents forthwith to release the land and quash the award qua the land acquired vide award no 12/1987-88, dated 20.05.1987, bearing Khasra No. 69, Area admeasuring 4 bigha 16 biswas situated in the revenue estate Neb Sarai, New Delhi. To direct them to pay the compensation at current market rate. Any other Order which this Hon'ble Court may deem fit and proper in the facts and circumstances of thepresent case may also be passed in favour of the Petitioner and against the Respondents."

2. We find that the petition is highly delayed in as much as the acquisition was not challenged by the Petitioner for decades and only after coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 the Petitioner is seeking a declaration that the acquisition has lapsed. Counsel for the Petitioner on instructions seeks leave to withdraw the writ petition with liberty to file the same along with the explanation for delay.

3. Dismissed as withdrawn with liberty as prayed for. VIPIN SANGHI, J SANJEEV NARULA, J SEPTEMBER 04, 2019 nk