High Court of DelhiW.P.(C)/6127/2018

Mohd Shahnawaz And ANR. v. Govt. Of NCT Of Delhi And ORS.

2024-03-28Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6127/2018 MOHD SHAHNAWAZ AND ANR.

..... Petitioners Through:

Mr Puneet Sharma, Advocate.

versus GOVT. OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr Sanjay Kumar Pathak, Standing Counsel with Mr Sunil Kumar Jha, Mr M.S. Akhtar, Mrs Nidhi Thakur, Mrs Benazeer Musarrat Hasmi and Mr Mayank Arora, Advocates for R-1 & 2.

Mr Nitin Mishra, Advocate for DDA.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 28.03.2024 1.

The petitioner has filed the present petition, inter alia, praying as under:

"i.

Issue an appropriate writ, order or directions declaring the entire acquisition proceedings in respect of the land of petitioner ad-measuring 1 bhigas comprised in Khasra No. 54 Min situated in the revenue estate of Village Behlolpur, Tehsil Mehrauli, Delhi, including the notification bearing no.

F.9(1)/89/L&B (i) dated 23.06.1989 issued under Section of the Land Acquisition Act, 1894 and all subsequent proceedings to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Re-habilitation and Re-settlement Act, 2013." 2.

The learned counsel for the petitioner fairly states that the possession of the subject land, acquisition of which was challenged in the present The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2024 at 16:01:24

petition, was taken over by the concerned authorities. He also submits that in view of the subsequent decision of the Constitution Bench of the Supreme Court in Indore Development Authority v. Manohar Lal and Ors.: (2020) 8 SCC 129, the challenge to the acquisition on the ground of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 does not survive. 3.

The petition is, accordingly, dismissed.

VIBHU BAKHRU, J GIRISH KATHPALIA, J MARCH 28, 2024 RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2024 at 16:01:24