High Court of DelhiW.P.(C)/10569/2018

Shri Neeraj Suji And ORS. v. Union Of India And ORS.

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

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10569/2018 & CM APPL. 41214/2018 SHRI NEERAJ SUJI AND ORS.

..... Petitioners Through:

Mr. S.K. Rout and Mr. Aman Mehrotra, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Akhil Mittal, Standing Counsel for R-5.

Ms. Anya Singh, Advocate for R-3.

Mr. Vipul Pankaj Sanghi and Mr. C.

T. Lalrampari, Advocates for R3/PWD.

Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates 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. pass a writ, order or direction in the nature of a writ of declaration, declaring the acquisition proceedings initiated in respect of the land of the petitioners, old khasra no's. 1526/1, vide new khasra number 98/4 (0 - 14 biswa] situated in Village Alipur, Tehsil Narela, Distt. North - West, 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. and, restraining the respondents not to interfere in the peaceful possession of the petitioners with regard to the bearing old khasra

no's. 1526/1, yide new khasra number 98/4 (0 - 14 biswa] situated in Village Alipur, Tehsil Narela, Distt. North - West, Delhi.

Pass any other order(s) and/or directions as this Hon'ble Court may deem fit and proper."

2. According to the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') as well as declaration under Section 6 LAA was issued on 6th April 1981. The impugned Award No.134/86-87 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 Dismissed as withdrawn with liberty as prayed for. The interim order dated 5th October 2018 hereby stands vacated. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 29, 2019 nk