High Court of DelhiW.P.(C)/7412/2011

Jagjiwan Coop.House Building Society Ltd And ORS v. Lt. Governor Delhi And ORS

2019-07-29Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7412/2011 & CM Appl. No. 33956/2019 & 33957/2019 JAGJIWAN COOP.HOUSE BUILDING SOCIETY LTD AND ORS ..... Petitioners Through Mr. S.S.Mishra, Advocate versus LT. GOVERNOR DELHI AND ORS ..... Respondents Through Mr. Sanjay Kumar Pathak, Mr. K.K.Kiran Pathak, Mr. Sunil Kumar Jha & Mr. M.S.Akhtar, Advocates for Respondents no.1 to 3 Mr. Ajay Verma, Advocate for Respondent/DDA

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 29.07.2019

1. Counsel for the Respondents states that during the pendency of the present petition, the Petitioners were informed of the decision taken on 21st July 2014 at the meeting of the De-notification Committee communicated by a letter dated 23rd December, 2014 rejecting the application of the Petitioners under Section 48 of the Land Acquisition Act (LAA), 1894.

2. Learned counsel for the Petitioners states that the Petitioners thereafter filed CM No. 2677/2015 challenging the aforesaid decision.

3. The Court is of the view that main prayers in the writ petition do not have any relevance in view of the order passed rejecting the Petitioners‟ application under Section 48 LAA. Moreover, the challenge to the aforementioned decision dated 21st July 2014 has to be by way of a substantive petition and not an interlocutory application.

4. In that view of the matter, learned counsel for the Petitioners seek leave to withdraw the present writ petition and the pending applications with liberty to the Petitioners to file a substantive petition challenging the decision rejecting the Petitioners‟ application under Section 48 LAA in accordance with law. The pending application is also dismissed.

5. Dismissed as withdrawn with liberty as prayed for. The contentions of the Respondents qua the order rejecting the Petitioners‟ application under Section 48 LAA are left open to be urged at the appropriate stage. S. MURALIDHAR, J.

TALWANT SINGH, J.

JULY 29, 2019 mw