M/S Sumangal Farms Pvt Ltd v. Land Acquisition Collector(West)

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4433/2017, C.M. APPL.19352/2017 M/S SUMANGAL FARMS PVT LTD ..... Petitioner Through : Sh. I.S. Dahiya, Advocate.

versus LAND ACQUISITION COLLECTOR (WEST) ..... Respondent Through : Sh. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 10.10.2017 The claim in this writ petition is for a direction to call for the records in respect of the petition for reference under Section 18(5) of the Land Acquisition Act, 1894 on 01.09.1997 in respect of Award No.2/1997-98 in respect of Village Tikri Kalan so far as it relates to Khasra Nos.98/7/2(3-4), 98/14(4-16), 98/3/2(2-8), 98/4(4-16), 98/7/1(1-12) and 98/8/1(2-15).

The petitioner has filed certified copies of the Reference Petition and submits that the originals appear to have been misplaced as a result of which the Reference Court is refusing to proceed further.

Learned counsel for the Land Acquisition Collector (LAC) submits that according to the records available, the Reference Petition was forwarded. The petition filed originally on 01.09.1997 was

forwarded to the concerned Reference Court, i.e. the Additional District Judge (ADJ).

In these circumstances, the learned ADJ/Reference Court, District West is hereby directed to take on record a certified copy of the Reference Petition dated 01.09.1997 and thereafter proceed with reference in accordance with law.

The writ petition is allowed in the above terms along with the pending application.

Order dasti.

S. RAVINDRA BHAT, J SUNIL GAUR, J OCTOBER 10, 2017/ajk