High Court of DelhiW.P.(C)/11229/2018

Gyani Ram v. Government Of NCT Of Delhi & ORS

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

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11229/2018 GYANI RAM ..... Petitioner Through:

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

versus GOVERNMENT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Pawan Mathur, Advocate for DDA.

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 of the Petitioners the Petitioner Gyani Ram Son of Sh.Bhim Singh is the recorded owner in- land bearing Khasra No. 460/2 (02-10), 470 (04-16), 471/1 (01-09) total land measuring 08 Bigha 15 Biswas (the petitioner is the Recorded owner in Revenue Record) Situated in the Revenue Estate of Village Karawal Nagar, Shahdra, Delhi- arising out of Award No.16/83-84 dated 30/06/1983. 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 a benefits/alternative plots/industrial plot/DDA Flat etc. as per revenue record admissible under the law 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 16th September 1968. Subsequent to declaration under Section 6 LAA, the impugned Award No.16/83-84 was passed way back on 30th June 1983. 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 Dismissed as withdrawn with liberty as prayed for.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