Swati Through Her Mother Matural Gurdian v. Govt Of NCT Ofdelhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3321/2018 SWATI THROUGH: HER MOTHER MATURAL GURDIAN..... Petitioner Through:

Mr. Lalit Kumar Rawal, Advocate.

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

Mr.

Chiranjeev Kumar, Advocate with Mr.

Mukesh Sachdeva, Advocate for UOI.

Mr. Tushar Gupta, Advocate with Mr.

Deepanshu, Advocate for Respondent No. 3.

Mr. Yeeshu Jain, Advocate with Ms.

Shilpi Choudhary, Advocate for LAC & L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 23.01.2019

1. The prayer in this petition reads 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 of acquired land of bearing Khasra No.1 etc./94/2 min (06-19), 1 etc./128 (01-02), 1 etc./141min (01-18) total land measuring 09 Bigha 19 Biswas. The Petitioner is having 1/6th share i.e. 01 bigha 13 biswa situated in the Revenue Estate of Village Ziauddinpur, Shahdra, Delhi- arising out of award No. 1954 dated 27-02/1967.

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 law in view of the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013.

Pass such other and further order/direction as this Hon'ble court may deem fit and proper in the facts and circumstances of the case may also be allowed in favour of the petitioner."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 24th October 1961, followed by declaration under Section 6 LAA on 1st August 1966. The impugned Award No.1954 was passed way back on 27th February 1967.

3. Learned Counsel for the Petitioner seeks leave to withdraw this petition with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for relief.

4. Dismissed as withdrawn with liberty as prayed for. S.MURALIDHAR, J SANJEEV NARULA, J JANUARY 23, 2019 ss