High Court of DelhiW.P.(C)/9865/2018

Bir Singh & ORS v. Union Of India & ORS

2019-01-10Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9865/2018/ BIR SINGH & ORS. ..... Petitioners Through:

Mr Arun Kumar Kaushik, Advocate.

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

Ms Beenashaw N. Soni, ASC for DDA with Mr Aakash Yadav, Advocates.

Mr Sumit Chander and Ms Shagufa, Advocates for R-3 and 4.

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

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 10.01.2019

1. The prayers in the present petition read as under: "(a) Pass a writ, order or direction in the nature of writ of certiorari and/or any other suitable writ(s), •order(s) and/or direction declaring the entire acquisition proceedings, in respect of and in relation to the petitioners' land being full joint share in Khasra no. 16//8/3/2 (00-03), 21//1/1 (00-15), 29//12/1 (00-14), 29//10/1 (04-01), 28//16/1 (03-01) total measuring 8 Bighas 14 Biswas, situated in the revenue estate of Village- Saidabad, Tehsil Mehrauli, Delhi, as deemed to have been lapsed in view of The Right to Fair Compensation and Land Acquisition and Rehabilitation and Resettlement Act, 2013 and further issue order or direction quashing the impugned award No. 29/1976-77 (Supplemental^) of Village Saidabad, Tehsil-Mehrauli, Delhi with respect to the land being full joint share in Khasra no. 16//8/3/2 (00-03), 21//1/1 (00-15), 29//12/1 (00-14), 29//10/1 (04-

01), 28//16/1 (03-01) total measuring 8 Bighas 14 Biswas, situated in the revenue estate of Village- Saidabad, Tehsil Mehirauli, Delhi, to the extent of their respective share, in the interest of justice and equity."

2. The narration in the petition is that notification under Section 4 of the Land Acquisition Act, 1984 (LAA) was issued on 6th April, 1964 followed by declaration under Section 6 of LAA issued on 7th December 1966. The Award was passed on 5th June 1987.

3. Learned counsel for the Petitioners seeks leave to withdraw the petition with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for the above relief.

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 Dismissed as withdrawn with liberty as prayed for.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

SANJEEV NARULA, J.

JANUARY 10, 2019 rd