High Court of DelhiW.P.(C)/7225/2017

Sukhbir Singh & ORS v. Union Of India & ORS

2019-01-08Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7225/2017 SUKHBIR SINGH & ORS ..... Petitioners Through:

Mr. K. Sunil and Ms. Akshita, Advocates.

versus UNION OF INDIA & ORS ..... Respondents Through:

Mr. Sachin Nawani, Advocate for R-1 & R-2.

Mr. Bharat Singh Sisodia, Advocate for R-3.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 08.01.2019

1. The prayer in the present petition reads as under: i) issue of writ of mandamus or any other writ or direction in the nature thereof thereby quashing entire proceedings of the acquisition including notification no. F.7(9)/82-L&B (i) dated 10.8.1983 under Sections 4 and 17(i) of Land Acquisition Act, notification no. F.7(9)/82-L&B (ii) dated 10.8.1983 under Section 6 of Land Acquisition Act and quashing the said acquisition in respect of the land of the petitioners bearing khasra no. 187/2 (min) measuring 4 bighas 6 biswas belonging to the petitioners no. 6 to 31 and khasra no. 188 measuring 7 bighas 3 biswas belonging to petitioners no. 1 to 5 situated within the revenue estate of Village Baquiabad, Delhi, passed under the Land Acquisition Act ii) be pleased to issue a writ of mandamus or any other writ or

direction thereby declaring the land of the petitioners free from acquisition under Section 24

(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

iii) issue writ of mandamus or any other writ, order or direction in the said nature thereby releasing the land of petitioners bearing khasra no. 187/2 (min) measuring 4 bighas 6 biswas belonging to the petitioners no. 6 to 31 and khasra no. 188 measuring 7 bighas 3 biswas belonging to petitioners no. 1 to 5 situated within the revenue estate of Village Baquiabad, Delhi.

2. In the counter affidavit filed by LAC on 22nd May, 2018, it is stated in para 7 that, in the present case, land in question has not been acquired pursuant to the notifications Sections 4 and 6 of the Land Acquisition Act, 1894 (LAA). After the declaration under Section 6 of the LAA was issued on 10th August, 1983 "as per records there is no further proceedings in respect of the land in question."

3. In that view of the matter, the prayer is incapable of being granted.

4. The petition is dismissed.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 08, 2019 ss