Ramesh Singh & ORS v. Union Of India & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7032/2016 RAMESH SINGH & ORS ..... Petitioners Through:

Mr. Satish Blatti and Mr. Bhaskar Upadhyay, Advs.

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

Mr. S.D. Windresh, Adv. for R-1.

Mr. Sanjeev Sagar, Adv. for DDA.

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

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.04.2017 By this petition, petitioners have prayed that respondents be directed not to disturb or hinder the possession and enjoyment of petitioners over their 1/8th share in 13 Bigha 15 Biswas of the land comprised in Khasra No. 1238 situated in the revenue estate of Mehrauli, NCT of Delhi. This piece of land was earlier acquired by the Govt., however, acquisition was denotified in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act'), since as per the petitioner, the possession was not taken after the acquisition. Apprehending that respondents may disturb their possession, petitioners have filed this writ petition.

Learned counsel for the respondent no.3-DDA submits that Civil Appeal No. 10745/16 was filed in the Supreme Court by the DDA against the order passed by the Division Bench in W.P.(C) 939/2015. The said appeal has been dismissed, however, DDA has been given liberty to proceed under Section 24(2) of the Act within one year from the date of order, for initiation of acquisition proceedings afresh. In view of the observations made in para 5 and 6 of the judgment of the Supreme Court, no further orders are required to be passed in this writ petition. Writ petition is disposed of.

A.K. PATHAK, J.

APRIL 19, 2017 ga