Espire Holdings Private Ltd. (Formerly Known As Anil Rai And Company Pvt. Ltd.) v. Delhi Metro Rail Corporation Ltd. (Dmrc) And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8214/2018 ESPIRE HOLDINGS PRIVATE LTD. (FORMERLY KNOWN AS ANIL RAI AND COMPANY PVT. LTD.) ..... Petitioner Through:

Mr. Amit Kumar, Mr. Shaurya Sahay and Mr. Avijit Mani Tripathi, Advocates.

versus DELHI METRO RAIL CORPORATION LTD. (DMRC) AND ANR. ..... Respondents Through:

Mr. J.K. Singh and Mr. Harsh Pandit, Advocates.

Mr. Sanjay naresh and Ms. Saumya Suman, Law Officer for R-DMRC.

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

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 29.01.2019

1. The prayer in the present petition is for a direction to the Respondents/ Land Acquisition Collector (LAC) to release compensation along with the interest due to the Petitioner from the date of acquisition of the land.

2. The background facts are that the Delhi Metro Rail Corporation (DMRC) acquired land of the Petitioner under the Land Acquisition Act, 1894 by a notification dated 22nd January 2009 for the purpose of construction of the Central Secretariat-Badarpur Corridor of DMRC Project Phase -II.

3. The case of the Petitioner is that since then, he has been applying to the DMRC for payment of compensation but without any success.

4. Counsel for the Petitioner seeks a time bound direction to the LAC to determine the compensation due to the Petitioner and for the same to be paid.

5. Counsel for the Respondents have also placed before the Court an order dated 3rd August 2018 passed by this Court in W.P.(C) 9988/2015 (Steel Creet Pvt. Ltd. v. Union of India) where in similar circumstances, a direction was issued to the Petitioner who was permitted to approach the LAC to seek release of compensation.

6. In the circumstances, it is directed that a representative of the Petitioner with all the relevant documents will appear before the LAC concerned i.e. the LAC (South East) Lajpat Nagar-IV, New Delhi on 15th February 2019 at 3:30 PM and the LAC will within a period of eight weeks thereafter after examining the documents produced by the Petitioner and hearing the request made pass appropriate orders on the prayer of the Petitioner for release of compensation. If the Petitioner is aggrieved by such order, it will be open to

the Petitioner to seek appropriate remedies in accordance with law.

7. The petition is disposed of in the above terms. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 29, 2019 nk