Hoshiar Singh & ORS v. Union Of India & ORS

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3434/2016 HOSHIAR SINGH & ORS ..... Petitioners Through:

Mr. Sukhbir Sejwal, Advocate.

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

Mr. Dhanesh Relan and Ms. Gauri Chaturvedi, Advocates for DDA.

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

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 09.01.2019

1. The prayer in the present 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 with respect to the lands comprised in Khasra No. 256(0-402), 108(01-16) total measuring 5 bigha 18 biswas 9 situated in the revenue estate of Village Maidan Garhi, Tehsil- Saket, New Delhi, acquired vide Award. 23/1987-88 and further to pass appropriate writ, order or directions declaring the acquisition proceedings to have lapsed and have become inoperative under sec.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 as no compensation has been paid to the petitioners and physical possession of the lands of the petitioners have not been taken till date and petitioners are in actual physical possession of the same. Award cost of proceedings to the humble petitioner."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 25th November 1980 and a declaration under Section 6 was issued on 18th June 1985. The Award was passed way back on 17th June 1987.

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

4. Dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 09, 2019 nk