High Court of DelhiW.P.(C)/7013/2015

Rachna Charanwati v. Land Acquisition Collector And ORS.

2019-02-11Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7013/2015 RACHNA CHARANWATI ..... Petitioner Through:

Mr. Deepak Rajpal, Advocate.

versus LAND ACQUISITION COLLECTOR AND ORS.

..... Respondents Through:

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

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 11.02.2019

1. The prayer in this petition reads as under: "(a)Issue a writ of certiorari and/or any other writ, order or direction of the similar nature declaring the entire acquisition with respect to the property of Sh. Desh Raj S/o Sh. Mishri Lai who was having full share in the land Khasra Number 3/2 measuring 2 Bighas 7 Biswa of village-Molarband who died intestate leaving behind Smt. Sukhpali Wd/o Sh. Desh Raj, Smt. Rachna ©Charan Wati/Petitioner (daughter), Jagwati (daughter), Smt. Dharamwati (Daughter) and Smt. Hem Lata (daughter) having left and further quashing the impugned Notification Under Section of the Land Acquisition Act vide 'V'

No.F.4(9)/64-L&H dt.6.4.1964 and impugned notification under Section 6 of the Land Acquisition Act vide No.F.4(9)/64-L&H dt.15.06.1965 and the Award No.l934D/81-82 on 19.10.1981 of village-Molarband, Tehsil-Sarita Vihar, New Delhi; (b)pass such further order or orders which the Hon'ble Court may deem fit and proper and in the interest of justice."

2. According to the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 6th June 1964 followed by declaration under Section 6 LAA on 15th June 1965. The impugned Award No.1934D/81-82 was passed way back on 19th September 1986. There is no explanation in the petition for the inordinate delay in approaching the Court for relief.

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 relief.

4. Dismissed as withdrawn with liberty as prayed for. The interim order dated 27th July 2015 as confirmed on 28th March 2017 is hereby vacated. S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 11, 2019 nk