Green Range Farms Pvt. Ltd. v. Union Of India And ORS.
$~SB-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6712/2015 & CM Appl.No. 12247/2015 (stay) GREEN RANGE FARMS PVT. LTD.
..... Petitioner Through:
Mr. Udaibir Singh Kochar, Advocate versus UNION OF INDIA & ORS.
..... Respondents Through:
Mr. Rajesh Kumar & Mr.R.M.
Tripathi, Advocates for Respondent/UOI Mr. Siddarth Panda, Advocate for Respondent/LAC/L & B
CORAM:
JUSTICE S.MURALIDHAR JUSTICE YOGESH KHANNA
O R D E R
% 17.05.2019
1. The prayers in the petition read as under: "a. pass a, writ, order or direction in the nature of a writ of declaration, declaring the acquisition proceedings initiated in respect of land admeasuring 12 Bighas forming part of Khasra no. 1100 (1803) situated in the revenue estate of village Satbari, New Delhi, as deemed to have lapsed in view of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;
b. further pass a writ, order or direction in the nature of a writ of mandamus thereby directing the respondents not to interfere with the peaceful possession and enjoyment of land admeasuring 12 Bighas forming part of Khasra no.1100 (18-03) situated in the revenue estate of village Satbari, New Delhi."
2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 („LAA‟) was issued on 25th November 1980, followed by declaration under Section 6 LAA on 27th May 1985. The impugned Award No.14/87-88 was passed on 26th May 1987. There is no explanation in the petition for the inordinate delay in approaching the Court for relief.
3. This Court has in the series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar petitions 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 the inordinate delay in the Petitioner approaching the Court for relief.
5. The petition is dismissed as withdrawn with liberty prayed for. The interim order dated 17th July 2015 is vacated and the application for stay is dismissed. The pints urged in the counter affidavits of the DDA and the LAC are left open to be raised at the appropriate stage. S.MURALIDHAR, J.
YOGESH KHANNA, J.
MAY 17, 2019/mw