Naveen Tanwar v. Union Of India & ORS.
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7273/2016 NAVEEN TANWAR ..... Petitioner Through:
Mr Prateek Kohli, Advocate.
versus UNION OF INDIA & ORS. ..... Respondents Through:
Mr Siddharth Panda, Advocates for LAC/L&B.
Mr Dhanesh Relan, Advocate for DDA.
Mr Bhagvan Swarup Shukla, CGSC for UOI with Mr Savan Kumar, Advocates.
CORAM:
JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA
O R D E R
% 25.03.2019
1. The prayers in the present petition read thus: "a. pass a writ, order or direction in the nature of a writ of declaration, declaring the acquisition proceedings initiated in respect of the land of the petitioner admeasuring 1bigha and 1 biswa forming part of Khasra no. 253 Min situated in the revenue estate of village Saidulajab, New 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;
b. further pass a writ, order or direction in the nature of a writ of mandamus thereby directing the respondents not to interfere with the peaceful possession and enjoyment of land admeasuring 1 bigha and 1 biswa forming part of Khasra no. 253 Min situated in the revenue estate of village Saidulajab, New Delhi; and c. pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." W.P. (C) 7273 of 2016 Page 1 of 2
2. There is no explanation for the inordinate delay in the Petitioner approaching the Court for the above reliefs. IN similar circumstances, this Court has in a number of cases, following the decision of the Supreme Court in Indore Development Authority v. Shailendra (2018) 3 SCC 412 been dismissing the petitions on the ground of laches.
3. Faced with the above situation, learned counsel for the Petitioner seeks leave to withdraw the present petition with liberty to file a petition offering a proper explanation for the inordinate delay in approaching the Court for relief.
4. The petition is dismissed as withdrawn, with liberty as prayed for. The pleas urged in the counter affidavits of the Respondents are reserved to be urged at the appropriate stage. The interim orders, if any, stand vacated. S. MURALIDHAR, J.
I.S. MEHTA, J.
MARCH 25, 2019 rd W.P. (C) 7273 of 2016 Page 2 of 2