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High Court of DelhiW.P.(C)/6454/2017

Rajendra Kumar Jain v. Govt Of NCT Of Delhi And ORS

2019-08-01Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6454/2017 RAJENDRA KUMAR JAIN ..... Petitioner Through:

Mr Ravi Gupta, Senior Advocate with Mr Ankit Jain, Siddhant Jain, Mr Sachin Nath, Mr Sachin Jain and Ms Diya Kapoor, Advocates.

versus GOVT OF NCT OF DELHI AND ORS.

..... Respondents Through:

Mr Siddharth Panda, Advocate for LAC.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 01.08.2019

1. The prayers in the petition read as under: "In the aforesaid facts and circumstances of the case, it is, therefore, respectfully prayed that this Hon'ble Court may kindly be pleased to:

(i) A writ, order and/or direction, in the nature of declaration that the acquisition proceedings in respect of land admeasuring 14 Bighas 1 Biswa falling in Khasra Nos.287 (6-19), 288/1 90-16) & 288/2 (6-6), situated within the Revenue Estate of Village Chhatarpur, New Delhi, have lapsed.

(ii) A writ, order and/or direction, in the nature of certiorari for quashing the Notification under Section 4 of the Land Acquisition Act, 1894 dated 25.11.1980 and declaration dated 07.06.1985 issued under Section 6 of The Land Acquisition Act, 1894, in respect of land admeasuring 14 Bighas 1 Biswa falling in Khasra Nos. 287 (6-19), 288/1 90-16) & 288/2 (6-6), situated within the Revenue Estate of Village Chhatarpur, New Delhi;

AND/OR (iii) Pass any other further Order which this Hon'ble Court may deem just fit and proper, in the facts and circumstances of the case, in favour of the Petitioner."

2. Learned senior counsel for the Petitioner, on instructions, seeks leave to withdraw the present petition with liberty to approach the Court again depending upon the outcome of the matters pending before the Constitution Bench of the Supreme Court of India.

3. Dismissed as withdrawn with liberty as prayed for. The points urged by the Respondents in their counter affidavits are left open to be urged at the appropriate stage.

S. MURALIDHAR, J.

TALWANT SINGH, J.

AUGUST 01, 2019 rd