Arvind Batra & ORS v. Land Acquisition Collector & ORS

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10214/2016 ARVIND BATRA & ORS.

..... Petitioners Through:

Mr. Faheem Shah, Advocate.

versus LAND ACQUISITION COLLECTOR & ORS.

..... Respondents Through:

Mr. Siddharth Panda, Advocate with Mr. Ashish Pradhan, Advocate for Respondent Nos. 1 & 2 (LAC/L&B).

Ms. Mrinalini Sen, Standing Counsel with Mr. Tanmay Yadav, Advocate for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 07.01.2019

1. Learned counsel for the Petitioner seeks a declaration that land acquisition proceedings in respect of land in Khasra No.739 admeasuring 22 bighas and 16 biswas situated in the revenue estate of Village Tughlaqabad, Delhi stand lapsed in respect of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. In the counter affidavit filed on behalf of the LAC, it is pointed out that notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 23rd January, 1965 followed by declaration under Section 6 of the

LAA on 13th January, 1969. Award was passed on 4th November, 1981. Possession was taken in two lots. It was taken first on 23rd November, 1981 and then, the remaining portion on 2nd September, 2006. The land in question, so taken over, was handed over to the beneficiary department. The assertion by the Petitioner that he continues to remain in possession is therefore not tenable.

3. In any event, the Petitioner has offered no explanation whatsoever for the inordinate delay in approaching the Court.

4. The petition is dismissed on the ground of delay and laches. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 07, 2019 ss