High Court of DelhiW.P.(C)/10851/2018

Shre Prem Singh Tokas And ORS. v. Union Of India And ORS.

2019-01-30Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10851/2018 SHRI PREM SINGH TOKAS AND ORS.

..... Petitioners Through:

Mr. I. S. Dahiya, Advocate.

versus UNION OF INDIA 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

% 30.01.2019

1. The prayers in this petition read as under: "(i) Issue a writ of certiorari or any other appropriate writ, order or direction to call the record pertaining to the land of petitioners comprising in Khasra No. 58/1 measuring 1 bigha 13 biswas, situated in the revenue estate of village Humayunpur, Delhi, from the office of respondents; AND (ii) Issue a writ of mandamus or any other appropriate writ, order or direction for quashing the acquisition proceedings in respect of land comprising in Khasra No. 58/1 measuring 1 bigha 13 biswa, situated in the revenue estate of village Humayunpur, Delhi, which was acquired vide Award No. 1662 dated 13.12.1963, of village Humayunpur, Delhi, under the Land Acquisition Act, 1894, but its possession has not been taken by the appropriate government till date;

(iii) Award costs of the present petition in favour of the

petitioners and against the respondents; and (iv) Issue any other or further appropriate writ, order or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case, in favour of the petitioners and against the respondents."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 3rd September 1957 followed by declaration under Section 6 LAA on 20th February 1962. The impugned Award was passed way back on 13th December 1963.

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 Dismissed as withdrawn with liberty as prayed for.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 30, 2019 nk