High Court of DelhiW.P.(C)/2242/2017

Balbir v. Union Of India & ANR

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

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2242/2017 BALBIR ..... Petitioner Through:

Mr. Anuroop P. S., Advocate.

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

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 17.01.2019

1. The prayer in this petition reads as under: "It is, therefore, respectfully prayed that this Hon'ble Court may be pleased to issue a writ / order / direction in the nature of certiorari calling for the records of the acquisition proceedings in respect of the land comprised in khasra No. 8/9 (3-2), 10 (1-11), 11 (3-14), 12 (4-16), 13/1 (1-11), 19/1 (2-8) and 293/1 (1-8) in all 18 bighas 10 biswas situated in the revenue estate of village Bharthal, Delhi, acquired vide award No.26/2002-03 dated 22.10.2002, and further to issue appropriate writ, order or direction declaring the acquisition proceedings having lapsed and have become inoperative after the coming into force ofthe Right to Fair Compensation &Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 13th December 2000 and a declaration under Section 6 was issued on 7th December 2002.

The Award was passed way back on 22nd October 2002. No explanation has been offered in the petition for the inordinate delay in approaching the Court for 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. 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.

5. The petition is dismissed as withdrawn with liberty as prayed for. The interim order dated 10th March 2017 which was confirmed on 13th February 2018 stands vacated.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 17, 2019 nk