Chandermani Dalmia v. Lt. Governor Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 5314/2015 & CM 9600/2015 CHANDERMANI DALMIA ..... Petitioner Through: Ms Esha Mazumdar, Adv. with Mr Setu Niket, Adv.

versus LT. GOVERNOR OF DELHI & ORS ..... Respondents Through: Mr Dhanesh Relan, Adv. with Ms Akshita Manocha, Mr Harshit Manaktala, Advs.

CORAM:

HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE JAYANT NATH

O R D E R

% 22.11.2016 We have heard the learned counsel for the parties. We are satisfied that the petitioner in this writ petition was before this court in the earlier round as also before the Supreme Court, through the Prahlad Vihar Residents Association. The petition in this court was no. W.P.(C) 3938/1996 and the appeal before the Supreme Court was Civil Appeal No. 3022-23/2007 which was disposed of on 21.03.2012.

As a result, the case of the petitioner is entirely covered by the decision of this court in Sunil Goel & Others v. The State and Ors: W.P.(C) 3049/2013 decided on 29.04.2014, along with other connected matters.

Consequently, the declaration dated 26.04.2013 being F.11(17)/91/L&B/LA/Pt. File/1285 under section 6 of the Land Acquisition Act, 1894 is quashed insofar as the petitioner is concerned. As a result, the notification dated 28.04.1995 being notification no. F.11 (17)/91/L&B/LA/6518 issued under section 4 of the said Act,

insofar as petitioner's land is concerned, would be regarded as having lapsed. The writ petition is allowed as above. There shall be no order as to costs. BADAR DURREZ AHMED, J JAYANT NATH, J NOVEMBER 22, 2016 kb