Deepak Mansharamani v. Union Of India & ORS.

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8825/2016, C.M. APPL.36066/2016 DEEPAK MANSHARAMANI ..... Petitioner Through : Sh. N.S. Chechi, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through : Sh. Puneet Aggarwal, Advocate, for L&B/LAC.

Sh. Dhanesh Relan and Ms. Akshita Manocha, Advocates, for DDA.

CORAM:

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

O R D E R

% 09.10.2017 The petitioner had sought declaration that the acquisition of lands which are the subject matter of the writ petition - Khasra nos. 492/491 min measuring 1 bigha 12 biswas and Khasra nos. 548/492/421 measuring 2 bighas 7 biswas [hereafter referred to as "the suit property"] in Village Jasola acquired through notifications under Sections 4/6 of the Land Acquisition Act, 1894 in 1989 are free from acquisition. Concededly, the possession of the suit property was taken on 18.06.1992. The petitioner relies upon a General Power of Attorney (GPA) which says that in 2002, the original land owners granted the right to sell the property.

The Court observes that the copy of the GPA placed on the

record nowhere states that the suit property is the subject matter of acquisition. It also does not authorize the attorney to collect compensation.

Having regard to these facts, the learned counsel wishes to withdraw the writ petition with liberty to the original land owner to file a writ petition as to whether acquisition had lapsed in the light of the compensation received or receivable.

Liberty granted.

The writ petition is accordingly dismissed as withdrawn along with the pending application.

S. RAVINDRA BHAT, J SUNIL GAUR, J OCTOBER 09, 2017/ajk