Satya Prakash And Other v. Mcd And ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13158/2009 & C.M. No.28146/2016 SATYA PRAKASH AND OTHER ..... Petitioners Through Mr.Debanjan Sarkar, Adv.

versus MCD AND ORS ..... Respondents Through Mr. Balendu Shekhar, Adv for the MCD.

Mr. Rajesh Manchanda and Mr. Rajat Manchanda, Advs for DDA.

Mr. Arun Birbal and Mr.Sanjay Singh, Advs for Land & Building Department.

Mr.Arun K. Sharma and Mr. Iram Majid, Advs for R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 18.01.2017 The contention of the petitioner is that he was the owner of 6 bighas of land in khasra No. 596 situated in village Gazipur. This land belongs to the father of the petitioner and after the death of his father, the petitioner was in possession of this land. Further contention is that vide Award No. 1936, the land of the petitioner stood acquired; he has not been granted compensation; the prayer in the petition is that the action of the respondents in taking possession of the aforenoted land was ultravires.

Reply/counter affidavit has been filed by all three respondents

i.e. the Municipal Corporation, the DDA and the Land and Building Department of the Government of NCT of Delhi. The stand of respondent No.3 is that the possession of the land in question was not taken over and thus the question of payment of compensation would not arise.

Thereafter a fresh application has been filed by the petitioner (C.M. No.28146/2016) seeking an amendment in the writ petition. By way of this application, the petitioner is praying for certain additional reliefs.

At this stage, learned counsel for the petitioner submits that he would not be pressing this application. In fact he seeks permission of this Court to withdraw the petition and file a fresh petition which permission is granted to the petitioner in accordance with law. Petition disposed of in the above terms.

INDERMEET KAUR, J JANUARY 18, 2017