Brahm Singh v. The Lt. Governor Gnct Of Delhi & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9088/2016 BRAHM SINGH ..... Petitioner Through:

Mr.Rahul Sharma with Ms.Jyoti Dutt Sharma & Mr.C.K.Bhatt, Advocates.

versus THE LT. GOVERNOR GNCT OF DELHI & ORS ..... Respondents Through:

Mr.Ravi Prakash, CGSC with Mr.Akash Mohan & Mr.Farman Ali, Advocates.

Mr.Arun Birbal with Mr.Sanjay Singh, Advocates for DDA.

Ms.Astha Tyagi with Mr.Anil Kumar, Advocates for LAC/L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 16.01.2019

1. The prayers in the petition reads as under: "In the aforesaid premises it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to: (a) Call for the records of the acquisition proceedings with respect to the land comprised in Khasra no. 438 situated at Village Gazipur, Delhi-110096 ad-measuring (2-17) acquired vide Award No. 27D/ 70-71, announced on 23.03.1977; and (b) Issue a writ, order or direction in the nature of mandamus or any other writ, order or direction declaring the acquisition W.P.(C) 9088/2016 Page 1 of 3

proceedings in respect of land comprised in Khasra no. 438 situated at Village Gazipur, Delhi-110096 ad-measuring (2-17) to have lapsed and have become inoperative under section 24(2) of the Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as neither possession of land of the Petitioner has been taken nor compensation with respect to land have been paid. (c) issue a writ, order or direction in the nature of mandamus directing the revenue authorities to record the name of the Petitioners as owners/bhumidhars of the land comprised in Khasra no. 438 situated at Village Gazipur, Deihi-110096 admeasuring (2-17); (d) pass any further order(s) which this Hon'ble Court may deem fit in the facts and circumstances of the case and in the interests of justice."

2. The narration is that in Delhi, land in bulk including the subject land in village Gazipur, was notified to be acquired in November, 1959 under Section 4 of the Land Acquisition Act, 1894 (LAA). Subsequent to the declaration under Section 6 LAA, the land was acquired by Award No.27D/70-71 on 23rd March 1977. There is an obvious inordinate delay of nearly four decades in the Petitioner approaching the Court for relief.

3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed various writ petitions seeking similar reliefs on account of delay and laches.

4. In that view of the matter, learned counsel for the Petitioner seeks liberty to withdraw this petition with liberty to file a fresh petition giving a proper explanation for inordinate delay in the Petitioner approaching the Court for W.P.(C) 9088/2016 Page 2 of 3

relief. The petition is dismissed as withdrawn with liberty prayed for.

5. The interim order passed by this Court on 3rd October 2016 which stood confirmed on 4th May 2018 is hereby vacated.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 16, 2019 tr W.P.(C) 9088/2016 Page 3 of 3