High Court of DelhiW.P.(C)/9844/2018

Khazan Singh v. Union Of India & ORS

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

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9844/2018 KHAZAN SINGH ..... Petitioner Through:

Mr Raj Bahadur Singh, Advocates.

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

Mr Siddharth Panda, Advocates for LAC.

Mr Jagdeep Sharma, ASC for DDA with Mr Gyaninder Kumar, Advocates.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 18.01.2019

1. The prayer in the petition reads as under: "issue a writ of certiorari and/or any other writ, order or direction of the similar nature declaring the entire acquisition proceedings with respect to the Land being 1/8 share in Khasra No. 151(13-06), 484/153 (02-04) & 485/153 (02-06), total land measuring 17 bighas 16 biswas, situated in the revenue estate of Village Jasola, Tehsil - Sarita Vihar, District South-East, Delhi, to the extent of his respective share, having lapsed and further quashing of the impugned Award No. 6-D/l986-87 (Supplementary) with respect to the land being 1/8 share in Khasra No. 151(13-06), 484/153 (02-04) & 485/153 (02-06), total land measuring 17 bighas 16 biswas, situated in the revenue estate of Village Jasola, Tehsil - Sarita Vihar, District South-East, Delhi, to the extent of his respective share, in the interest of justice and equity."

2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 („LAA‟) was issued on 6th April 1964, followed by declaration under Section 6 LAA on 7th December, 1966. The impugned Award No. 6-D/l986-87 (Supplementary) was passed on 19th September 1986. There is no explanation in the petition for the inordinate delay in approaching the Court for 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 the proper explanation for the inordinate delay in the Petitioner approaching the Court for relief.

5. The petition is dismissed as withdrawn with liberty prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 18, 2019 rd