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High Court of DelhiW.P.(C)/7319/2018

Raj Rani Sharma Through Its Attorney Abhishek Jain v. Union Of India And ORS.

2020-03-11Hon'Ble Mr. Justice Rajiv Sahai Endlaw,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7319/2018 & CM APPL. No.39602/2019 (seeking permission to file counter affidavit) RAJ RANI SHARMA THROUGH: ITS ATTORNEY ABHISHEK JAIN ..... Petitioner Through:

Mr.Mahesh Prasad and Mr.Naresh Kumar, Advocates.

Versus

UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Vijay Joshi, Advocate for R-1/UOI.

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

Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for R-4 & 5.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 11.03.2020 1.

Mr.Mahesh Prasad, counsel for the petitioner, after full hearing and in the light of Ashok Kumar Mudgil vs Union of India 2019 SCC Online Del 9614 (DB), withdraws this petition with liberty to file appropriate proceedings for realisation of compensation for acquisition. 2.

Ms.Jyoti Tyagi, counsel for Land Acquisition Collector (LAC) states that the petitioner is not the recorded owner but claims to be a General Power of Attorney holder of the recorded owner and is not entitled to compensation.

3.

It will be open to respondent no. 2 to in response to fresh proceedings, if any filed by the petitioner, take appropriate pleas. 4.

This petition impugning the notification dated 26th April, 2013 under W.P.(C) 7319/2018 page no.1/2

Section 6 of the Land Acquisition Act, 1894 viz-a-viz land measuring 01 Bigha in Khasra No. 301 of the Revenue Estate of Village Shahbad, Daulatpur, Delhi, is dismissed as withdrawn with liberty to the petitioner to take appropriate proceedings for realisation of compensation. 5.

If any such proceedings are taken, it shall be open for respondents to take appropriate pleas available in law.

6.

Interim orders stand vacated.

RAJIV SAHAI ENDLAW, J.

SANGITA DHINGRA SEHGAL, J.

MARCH 11, 2020 afa/ W.P.(C) 7319/2018 page no.2/2