Danvir Singh v. Government Of NCT Of Delhi & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10412/2018 DANVIR SINGH ..... Petitioner Through:

Mr.Lalit K.Rawal, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for L&B/LAC.

Ms.Mrinalini Sen, Standing Counsel with Mr.Tanmay Yadav, Advocate for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 22.01.2019

1. The prayers in the petition read as under: "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 father co-bhumidar of the land to the extent of their 1/3rd share i.e. (08-06) and the petitioner father extent of their 1/12th share i.e. 02 Bigha 02 Biswas land in bearing Khasra No. 500 (04-16), 505 (04-16), 503 (02-19), 504/1 (00-18) 504/2 (03-18), 501/ (04-16), 506/1(03-14 total land measuring 25 Bigha 07 Biswas petitioner father extent of their 1/12th share i.e. 02 Bigha 02 Biswas and the petitioner father i.e. Gaje Singh Son of Late Sh.Keshu Singh relinquish his share i.e. 01 Bigha 01 Biswas land in favour of the petitioner through Special Power of Attorney dated 12/05/2018 (the petitioner grandfather is Recorded owner in Revenue

Record) Situated in the Revenue Estate of Village Karawal Nagar, Shahdra, Delhi- arising out of Award No.29/78-79 dated 20/11/1978, Award No.l 25/1986-87 dated 19/09/1986 and Award No.l 6/83-84 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."

2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 („LAA‟) was issued on 16th September 1968, 22nd July 1977 and 14th March 1980, followed by declaration under Section 6 LAA on 13th September 1971. The impugned Awards were passed on 20th November 1978, 19th September 1986 and 30th June 1983. There is no explanation in the petition for the inordinate delay in approaching the Court for relief.

3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar matters on account of delay and laches.

4. In that view of the matter, learned counsel for the Petitioner seeks leave to withdraw this petition with liberty to file a fresh petition giving a proper

explanation for inordinate delay in the Petitioner approaching the Court for relief.

5. The petition is dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 22, 2019 mw