High Court of DelhiW.P.(C)/6201/2017

Om Prakash & ORS v. Union Of India & ORS

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

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6201/2017 & CM No.51443/2018 and CM No.51444/2018 OM PRAKASH & ORS.

..... Petitioners Through:

Mr. Arun Kumar Kaushik, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr. Sanjay Kumar Pathak, Mr. Sunil Kumar Jha and Mr. M.S. Akhtar, Advocates for LAC/L&B.

Mr. Jitendra Kr. Tripathi, Mr. Vipul Agrawal and Mr. Anshuman Nayak, Advocates for R-UOI.

Mr. Arjun Pant, Advocate for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 10.01.2019

1. The prayer in this petition reads as under: "a. Pass a writ, order or direction in the nature of writ of declaration, thereby declaring the acquisition proceedings initiated in respect of the land of the petitioners with respect to their land bearing Khasra No. 177 (1-13), 178(2-18) and 179(214) total measuring 7 bighas 5 biswas, situated in the revenue estate of Village Kotla Mahigram, Tehsil-Mehrauli, Delhi, as deemed to have lapsed and further issue order or direction quashing the impugned award no. 205/1986-87 of village kotla mahigram thereby the aforesaid land belonging to the petitioners or their predecessor in interest was acquired, in view of the provisions of the Right to Pair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

2. According to the narration in the petition, the 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, 1961. The Award was passed way back on 11th July, 1961.

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 the above relief.

4. Dismissed as withdrawn with liberty as prayed for. The applications are also dismissed. The next date before the Joint Registrar of 19th February 2019 is cancelled.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 10, 2019 nk