Kuldeep Singh v. Land And Building & ORS

$~16.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5994/2018 KULDEEP SINGH ..... Petitioner Through:

Mr. Aman Mehrotra, Advocate.

versus LAND AND BUILDING & ORS ..... Respondents Through:

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC.

Mr. Anil Kathuria, Advocate for respondent No. 3/ DDA.

Ms. Nandita Rao, Advocate for respondent No. 4/ DJB.

CORAM:

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

O R D E R

% 01.10.2019 The petitioner has preferred the present writ petition to seek the following reliefs:

"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 compensation in respect of acquired land in respect of land of the petitioner uncle co-bhumidar of the land to the extent of their 1/6th share i.e. (06-07) in the land bearing Khasra No. 27/23/2 (4-10), 49/25/2 (02-01), 49/18/1 (02-09), 23/2 (03-00), 52/4 (04-15), 5/1 (03-14), 54/6/2 (02-18), 241 (00-10) ,488/2/2 (00-19), 490 (00-03),50(04-16), 502/1 (00-14) total land measuring 37 Bigha 12 Biswas and the petitioner claim only land measuring 01 Bigha 01 Biswas Situated in the Revenue Estate of Village Karawal Nagar, Shahdra, Delhiarising out of Award No.s No.29/78-79 dated 20/11/1978, Award No.l25/1986-87 dt. 19-07-76 and award No.16/83-84 dated 30/06/1983. In view of the provisions of Section 24(2) of

Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013. b. To pay all benefits/alternative plots/industrial plot/DDA Flat etc. as per revenue record admissible under the law in view of the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013.

Any other and further relief which this Hon'ble court may deem fit and proper under the circumstances of the case may also be allowed in favour of the Petitioner." Evidently, the petition is barred by gross delay and laches inasmuch, as, the notification under Section 4 of the Land Acquisition Act was issued on 16.09.1968; the declaration under Section 6 of the said Act was issued on 22.07.1977; and the award was passed by the Land Acquisition Collector on 20.07.1978; whereas the present petition has been preferred only in May, 2018.

Learned counsel for the petitioner seeks leave to withdraw the writ petition with liberty to file afresh with proper explanation for the delay and laches.

Dismissed as withdrawn with liberty as prayed for. VIPIN SANGHI, J SANJEEV NARULA, J OCTOBER 01, 2019 B.S.Rohella