High Court of DelhiW.P.(C)/10981/2016

Nawal Singh And ANR v. Govt Of NCT Of Delhi And ORS

2019-01-18Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10981/2016 NAWAL SINGH AND ANR.

..... Petitioners Through: Mr. Vishal Maan, Advocate versus GOVT OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr. Arjun Pant, Advocate for Respondent/DDA Mr.Sanjay Kumar Pathak, Mr. Sunil Kumar Jha & Mr. M.S.Akhtar, Advocates for Respondent/LAC/L & B

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 18.01.2019

1. The prayers in the petition read as under: "i. Issue of an appropriate writ, order or directions declaring the entire acquisition proceedings in respect of the land of petitioners measuring 300 sq yards comprised in khasra no. 1166 (1-00), situated in Revenue Estate of Village Malikpur Kohi @ Rangpuri, New Delhi, to have lapsed in view of section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013;

ii. Pass any further order/s that this Hon‟ble Court may deem fit and proper in the facts and circumstances of the present case."

2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 („LAA‟) was issued on 27th June, 1996. Subsequent to declaration under Section 6 LAA, the impugned Award

No.2/98-99 was passed on 6th January, 1999. There is no explanation for the inordinate delay in the Petitioner seeking relief.

3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar matters on account of delay and laches.

4. In that view of the matter, learned counsel for the Petitioner seeks liberty to withdraw this petition with liberty to file a fresh petition giving a proper explanation for inordinate delay in the Petitioner approaching the Court for relief.

5. The petition is accordingly dismissed as withdrawn with liberty prayed for. The interim order dated 21st November 2016 which stood confirmed on 31st October 2017 is hereby vacated.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 18, 2019 mw