High Court of DelhiW.P.(C)/7104/2018

Khazan Singh v. Union Of India & ORS

2019-01-17Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7104/2018 KHAZAN SINGH ..... Petitioner Through:

Mr. Raj Bahadur Singh, Advocate.

versus UNION OF INDIA & ORS ..... Respondents Through:

Ms. Mrinalini Sen and Ms. Kritika Gupta, Advocates for R-DDA.

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 17.01.2019

1. The prayer in this petition reads as under: "a. Pass a writ, order or direction in the nature of writ of declaration, thereby declaring the acquisition proceedings initiated in respect of the land of the petitioner with respect to his land i.e. being 1/8 share in Khasra No. 336/2 MIN(OO-IO), 405(02-01) & 406(03-17), total measuring 05 bighas 18 biswas, situated in the revenue estate of Village, Madanpur Khadar, Delhi, as deemed to have lapsed in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and further issue order or direction quashing the impugned award No. 125/1980-81 of Village Madanpur Khadar, Delhi, to the extent of the aforesaid land belonging to the petitioner or his predecessors in interest was acquired, in the interest of justice, equity."

2. According to the narration in the petition, the notification under Section 4

of the Land Acquisition Act, 1894 ('LAA') was issued 15th June 1979. The Award was passed way back in 1980-1981. No explanation has been offered 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. Learned Counsel for the Petitioner seeks leave to withdraw this petition with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for relief.

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 The petition is dismissed as withdrawn with liberty as prayed for.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

SANJEEV NARULA, J.

JANUARY 17, 2019 nk