High Court of DelhiW.P.(C)/9975/2016

Shri Kishore Lal & ORS v. Govt. Of NCT, Delhi & ORS

2019-09-12Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~55.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9975/2016 SHRI KISHORE LAL & ORS ..... Petitioner Through:

Mr. B. Tripathy with Mr. Randhir Pandey, Advs.

versus GOVT. OF NCT, DELHI & ORS ..... Respondent Through:

Ms. Mrinalini Sen with Mr. Tanmay Yadav, Advs. for DDA.

Mr. Siddharth Panda, LAC.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 12.09.2019 The acquisition proceedings in the present case were initiated by notification dated 25.11.1980 under Section 4 of the Land Acquisition Act. This was followed by a declaration on 27.05.1985. The award was pronounced in 1987-88.

The present petition has been preferred only in October, 2016. The same is highly belated. The same has been filed in view of the enactment of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by invoking Section 24 of the said Act.

The prayer made in the writ petition is as follows: "A) Issue a writ / order / direction in the nature of certiorari calling for the records of the acquisition proceedings in respect of the land in question i.e. Khasra Nos. 892/2 (02- 08), & 909 (01-16) 4 bighas and 4 biswas (full share) and 1/3 share of land bearing khasra 892/1 (02-08), 1052 (02-00), 1056 (04-16), 1057 (04-16) 1058 (01-19), 1061/2 (03-11), 1064 (04-16), 1065 (03-00) admeasuring in total Bighas 23 Biswas situated within the revenue estate of village Satbari, Tehsil Saket, District South, in the National Capital Territory of Delhi and further to issue appropriate writ, order or direction declaring the acquisition proceedings having lapsed and have become inoperative after the coming into force of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013.

B) Award cost of proceedings to the humble petitioner. AND C) Pass any other order (s)/ direction (s) in the interest of justice as this Hon'ble Court may deem fit and proper." Counsel for the petitioner wishes to withdraw the present petition with liberty to file afresh after incorporating material averments to explain the immense delay in filing the same.

Dismissed as withdrawn with liberty as prayed for. VIPIN SANGHI, J SANJEEV NARULA, J SEPTEMBER 12, 2019 N.Khanna