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High Court of DelhiW.P.(C)/7606/2017

Ankit Kalra And ORS v. UOI And ORS

2019-01-29Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7606/2017 ANKIT KALRA AND ORS.

..... Petitioners Through:

Mr. Naveen Sehrawat, Advocate.

versus UOI AND ORS.

..... Respondents Through:

Ms. Mrinalini Sen, Standing Counsel, DDA with Mr.

Tanmay Yadav, Advocate for DDA.

Mr. Siddharth Panda, Advocate for LAC/L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 29.01.2019

1. The prayers in this petition read as under: "(a) issue a writ/order/direction in the nature of certiorari calling for the records of the acquisition proceedings in respect of the land comprising in Khasra No. 714/208 (1-9) situated at Village Chirag Delhi, Tehsil Mehrauli, Delhi belonging to the petitioners;

(b) issue appropriate writ, order or direction declaring the acquisition proceedings in respect of the land comprising in Khasra bearing No. 714/208 (1-9) situated at Village Chirag Delhi, Tehsil Mehrauli, Delhi having lapsed and have become inoperative after the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013;

(c) award the cost of the present proceedings in favour of the petitioner;

(d) pass any other order or relief which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case in favour of the Petitioner and against the Respondents No.l to 3."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 13th November 1959 followed by declaration under Section 6 LAA on 2nd January 1969. The impugned Award was passed way back on 19th September 1986.

3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar matters on account of delay and laches. In that view of the matter, 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 Dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 29, 2019 ss