High Court of DelhiW.P.(C)/11256/2018

Ashok Kumar v. Government Of NCT Of Delhi & ORS

2019-02-07Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11256/2018 ASHOK KUMAR ..... Petitioner Through:

Mr. Aman Mehrotra, Advocate with Ms. Pratibha Gautam, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ORS.

..... Respondents Through:

Ms. Mrinalini Sen, Advocate with Ms. Nihaarika Jauhari, Advocate for Respondent No.3.

Mr. Yeeshu Jain, Advocate with Ms.

Jyoti Tyagi, Advocate for L&B/LAC.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 07.02.2019

1. The prayers in this petition read as under: "a. Issue a Writ of Mandamus or any other suitable writ order or direction in the like nature thereby directing the respondents to pay suitable compensation in respect of acquired land in respect bearing Khasra No. 1etc/48 min (04-00) etc/136 min (02-03) total land measuring 06 Bigha 03 Biswas and the petitioner is extent their shore 1/4th share 01 Bigha 11 Biswas i.e. 1550 sq.yds. (The father of the petitioner is Recorded owner in Revenue Record Situated in the Revenue Estate of Village Ziouddinpur, Shahdra, Delhi- arising out of Award No. 1954 doted 27/02/1967. In view of the provisions of Section 24(2) of Right of Fair Compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013.

b. to pay all benefits/alternative plots/industrial plot/DDA Flat etc. as per revenue record admissible under the low in view of the provisions of Right to Fair Compensation and Transparency in Land' Acquisition Rehabilitation and Resettlement Act,2013."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 24th October 1961 followed by declaration under Section 6 LAA on 1st August 1966. The impugned Award No.1954 was passed way back on 27th February 1967. There is no explanation offered for the inordinate delay in approaching the Court for relief.

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 Dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 07, 2019 ss