High Court of DelhiW.P.(C)/11254/2018

Sudesh & ORS v. Union Of India & ORS

2019-02-07Hon'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) 11254/2018 SUDESH & ORS.

..... Petitioners Through:

Mr.

Abhimanyu Singh Khatri, Advocate.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Ms. Mrinalini Sen Gupta, Advocate with Ms. Nihaarika Jauhari, Advocate on behalf of DDA.

Mr. Rajneesh Sharma, Advocate for LAC/L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 07.02.2019

1. The prayer in this petition reads as under: "a) Issue appropriate writ or any other order or direction in the nature of cirteorari thereby quashing the award no.24/2003-04 and all other subsequent proceedings, in respect of land of the petitioners falling in khasra no. 79/5 min admeasuring 2 Bigha, situated in Village Narela, Delhi.

b) writ order or direction declaring the entire acquisition proceedings to be lapsed in view of section 24(2). c) writ, order or direction in the nature of prohibition thereby restraining the respondent, their officers, agents or representatives or anybody claiming through them, from interfering in the peaceful possession and enjoyment of the land

in question and also restrain them from taking forceful actual physical possession of Petitioners'

land in any manner whatsoever.

d) Any other relief or order that this Hon'ble Court deems fit and proper also be passed in favour of the Petitioners and against the Respondents."

2. According to the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 28th April 1995 followed by declaration under Section 6 LAA on 26th April 1996. The impugned Award No.1/1998-1999 was passed way back on 24th April 1998.

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 Dismissed as withdrawn with liberty as prayed for. CM No. 43693/2018

5. The interim order dated 16th October 2018 is vacated. The application is disposed of.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 07, 2019/ss