Nalin Khanna & ORS. v. Delhi Development Authority

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5838/2013 & C.M.Nos.6302/2014, 15041/2014, 3775/2015 NALIN KHANNA & ORS.

..... Petitioners Through Ms.Minal Sehgal, Advocate.

versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through Mr.Nikhil Goel with Mr.Ashutosh Ghade, Advocates for R-2/DDA.

Mr.Yeeshu Jain, Standing Counsel for R-2/L&B Deptt.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 04.10.2016 Present writ petition has been filed challenging the action of DDA in not providing 24 mtrs. wide road in front of the plots allotted to the petitioners at Jasola, New Delhi.

Mr.Yeeshu Jain, learned standing counsel for respondent no.2Land & Building Deptt. states that acquisition of the land on which the road had to be constructed has been held to have lapsed by the Division Bench. In support of his contention, he has handed over a copy of the order dated 9th August, 2016 passed in W.P.(C) No.11235/2015. The same is taken on record.

Learned counsel for DDA states that in view of the acquisition proceedings having lapsed, the road cannot be constructed. Since it is an admitted position that the land on which the road

had to be constructed is not available with the respondents, no relief can be granted to the petitioners.

Accordingly, the present writ petition and the applications are dismissed. However, the petitioners are given liberty to file appropriate proceedings seeking compensation for any loss suffered by them. It is clarified that this Court has not expressed any opinion on the merits of the claim for compensation. The rights and contentions of all the parties are left open. MANMOHAN, J OCTOBER 04, 2016 KA