High Court of DelhiW.P.(C)/2875/2018

Brij Mohan v. Govt. Of NCT Of Delhi And ORS.

2019-01-17Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2875/2018 BRIJ MOHAN ..... Petitioner Through:

Mr.Lalit Kumar Rawal, Advocate.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr.Chiranjeev Kumar with Mr.Mukesh Sachdeva, Advocates for UOI.

Mr.Jatin Rajput with Mr.Sandeep Kumar, Advocates for LAC/L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 17.01.2019

1. The prayers in the petition read as under: "a) Issue a writ of Mandamus or any other suitable writ, order or direction in the like nature thereby directing the respondents to pay suitable commercial compensation in respect agricultural land the petitioner is entitled 1/8 shore in land comprised Khasra No. 31/1 ( 04-17) & 32 (04-10) total land measuring 09 Bigha 07 Biswas (i.e. 01 Bigha 04 Biswas share of the petitioner) Situated in the Revenue Estate of Village Khanpur Dhpni, Shohdra, Delhi-arising out of • award No.ll 67 dated 13/07/1961 in view of the provisions of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013.

b) To pay all benefits/alternative plots/Industrial plot/DDA flat etc. admissible under the low in view of the provisions of Right

to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013."

2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 („LAA‟) was issued on 16th March 1961. Subsequent to declaration under Section 6 LAA, the impugned Award No.1167 was passed on 13th July 1961. There is no explanation for the inordinate delay in the Petitioner seeking relief.

3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar matters on account of delay and laches.

4. In that view of the matter, learned counsel for the Petitioner seeks liberty to withdraw this petition with liberty to file a fresh petition giving a proper explanation for inordinate delay in the Petitioner approaching the Court for relief. The petition is accordingly dismissed as withdrawn with liberty prayed for.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 17, 2019 mw