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High Court of DelhiW.P.(C)/6848/2010

Manoj Kumar And ANR v. Gnct Of Delhi And ANR

2017-09-04Hon'Ble Mr. Justice Vibhu Bakhru3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6848/2010 MANOJ KUMAR AND ANR ..... Petitioners Through Mr M.M. Singh, Advocate.

versus GNCT OF DELHI AND ANR ..... Respondents Through M Aajay Verma, Sr. Standing Counsel for DDA with Ms Diviani Khanna, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 04.09.2017 1.

The petitioner has filed the present petition, inter alia, praying as under:- a) Issue a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents assess the compensation and pass the award in the name of petitioners in respect of land bearing Khasra no. 7/19/2 (1-4) situated within the revenue estate of village Palam, New Delhi.

b) Issue a writ in the nature of mandamus or any other appropriate writ, order or directions directing the respondents to pay the rent/damages payable for the period during which petitioners remained out of possession of the land bearing Khasra no. 7/19/2 (1-4) situated within the revenue estate of village Palam, New Delhi.

2.

Mr Ajay Verma, learned counsel appearing for the Delhi Development Authority (respondent no.2) has drawn the attention of this

Court to an order dated 22.04.2016 which reads as under:- "Learned counsel for the petitioners, on instructions of the petitioners who are personally present in Court, states that the petitioners are willing to sell their land to DDA in accordance with the formula under the Old Land Acquisition Act.

Learned counsel for the petitioners points out that a Division Bench of this Court in RFA 148/1991 has held the market value of the adjoining land to be Rs.47,224/- per bigha. He further prays that 12 per cent interest from notification till the possession i.e. one year as well as 30 per cent solatium on the payment and 15 per cent interest from possession to till date i.e. till the payment is given or in the alternate since 1986, 12 per cent increase in payment per year till date, should be given.

Mr Verma prays for some time to obtain instructions. List on 24th August, 2016."

3.

Mr Verma states that he has obtained instructions and the Delhi Development Authority (DDA) is willing to pay compensation as indicated in the order dated 22.04.2016. The learned counsel appearing for the petitioners confirms that the petitioners are agreeable to receive the compensation on the basis as indicated in the order dated 22.04.2016. 4.

In view of the above, the present petition is disposed of by directing the DDA to pay the compensation as aforesaid within a period of eight weeks from today. The petitioner shall execute all necessary documents as required by DDA for transfer of their rights in the property in question. 5.

No further orders are required to be passed in this petition. The

petition is disposed of.

6.

Order dasti under the signature of Court Master. VIBHU BAKHRU, J SEPTEMBER 04, 2017 pkv