Kuldeep Singh & ORS v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6228/2015 KULDEEP SINGH & ORS ..... Petitioners Through:

Mr. Anuroop P. S., Advocate.

versus UNION OF INDIA & ANR ..... Respondents Through:

Mr. Rajesh Gogna, CGSC with Mr. Upendra Sai, Advocate.

Mr. Sanjeev Sagar, Standing Counsel for DDA with Ms. Nazia Parveen, Advocate.

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 25.01.2019

1. The prayer in this petition reads as under: "It is, therefore, respectfully prayed that this Hon Court may be pleased to issue a writ / order / direction in the nature of certiorari calling for the records of the acquisition proceedings with respect to the lands comprised in khasra nos. 91(06-08), 93/1(01-03), 94/1 (02-08), 118(04-16), 122/3(01-04), 123(04-16), 124(05-06), 125(04-16), 126/1(02-08), 129/2( 02- 08),130(04-16), 131(0014), 132(03-09), 133(02-13), 134(04-16), 135/1(02-10), 136(416), 138/1(02-10), 139/2(02-16), 160/1(03-16), 163(04-04), 164(04-00), 165(04-16), 166( 04-16), 201(04-16), 203(04-16), 204(01-18), total measuring 97 bigha and 15 biswas situated in the revenue estate of village Rajpur Khurd, Tehsil- Hauz Khas,

Mehrauli, New Delhi, acquired vide Award. 22/1987-88 and further to pass appropriate writ, order or directions declaring the acquisition proceedings to have lapsed and have become inoperative under sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 as neither possession of the lands of the petitioners have been taken nor compensation with respect to the of the petitioners have been paid.

Award cost of proceedings to the humble petitioner."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 25th November 1980 and a declaration under Section 6 was issued on 18th June 1985. The impugned Award No. 22 was passed way back on 17th June 1987. There is no explanation in the petition for the inordinate delay in approaching this Court for relief.

3. Learned Counsel for the Petitioner seeks leave to withdraw this petition with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for relief.

4. Dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 25, 2019 ss