Dhyan Singh & ORS v. Union Of India & ORS
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9171/2014 & C.M. Appl.No. 21345/2015 & 27656/2015 DHYAN SINGH & ORS .
..... Petitioners Through Mr. Gaurav Puri & Mr. Aditya Bali, Advocates versus UNION OF INDIA & ORS.
..... Respondents Through Mr. Dhanesh Relan, Standing counsel with Mr. Rajeev Jha & Ms. Komal Sorout, Advocates for Respondent/DDA Mr. Kush Sharma, ASC with Ms. Shrutika Garg, Advocates for Respondent/DDA Mr. Tarun Johri & Mr. Ankur Gupta & Ms.
Somya, Advocates for Respondent/DMRC Mr. Sanjay Dewan & Ms. Nishima Arora, Advocates for Respondent/District Magistrate (East) Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L & B
CORAM:
JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R
% 10.01.2019
1. The prayers in the present petition read as under: (a) Issue a Writ of Certiorari and/or any other writ, order or direction of the similar nature declaring the entire acquisition with respect to the said land of the Petitioners having lapsed and further quashing the impugned notification and Award No. 84/72-73, Award No. 84A/72-
73, Award No. 84AsuppIementary/72-73, Award No. 67/82-83, Award No. 80/83-84, Award No. 80A/82-83, Award No. 66A/83-84, Award No. 66A Supplementary 83-84.
(b) Issue a writ of mandamus or any other suitable writ, order or direction in the like nature directing the Respondents to start the acquisition proceedings afresh as per the new land acquisition act and make the payment of compensation in respect of 154-13 area of land of village Kondli, Delhi, acquired vide various awards as detailed hereinabove at the current market value as per the New Act, to the Petitioners.
(c) Issue a writ of mandamus or any other suitable writ, order or direction in the like nature directing the Respondents to give alternate land in lieu of the acquired land to the Petitioners; (d) Pass such other or further orders, as this Hon'ble Court may deem fit and proper to secure justice in view of the facts and circumstances of the case."
2. The narration in the petition is that Village Kondli was one out of 65 villages that was merged into Delhi from Uttar Pradesh. According the counter affidavit filed by the LAC, notifications under Section 4 of the Land Acquisition Act, 1894 (LAA) in respect of the said lands were issued on 25th February 1981, 24th November 1981, 13th November 1959 and 17th November 1980 followed by the declarations under Section 6 LAA on 16th October 1981, 24th May 1982, 17th May 1966 and 29th September 1981 respectively. The impugned Awards were passed on 16th February 1983, 26th October 1983, 30th January 1983 and 10th March 1983 respectively.
3. Learned counsel for the Petitioners seeks leave to withdraw the petition
with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for relief.
4. The writ petition and applications are dismissed as withdrawn with liberty as prayed for.
S. MURALIDHAR, J.
SANJEEV NARULA, J.
JANUARY 10, 2019 mw