High Court of DelhiW.P.(C)/7372/2015

Pratap Singh & ORS v. Land Acquisition Collector & ANR

2019-09-16Hon'Ble Mr. Justice Vipin Sanghi,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 7372/2015 PRATAP SINGH & ORS ..... Petitioners Through:

None.

versus LAND ACQUISITION COLLECTOR & ANR ..... Respondents Through:

Mr. Yeeshu Jain, Standing counsel with Ms.Jyoti Tyagi, Advs. for L & B/ LAC

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 16.09.2019 1.

None appears for the petitioner when the matter is called out. In the present case, the petitioner seeks following reliefs:- "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 being 31/36th share in land bearing Khasra no. 19 (5-2) situated in the revenue estate of village Rajpur Khurd, New 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. further pass a writ, order or direction in the nature of a writ of mandamus thereby directing the respondents not to interfere with the peaceful possession and enjoyment of land being 31/36th share in land bearing Khasra no. 19 (5-2) situated in the revenue estate of village Rajpur Khurd, New Delhi;"

2. The acquisition proceedings in the present case, was initiated way back on 13.11.1959 under Section 4 of the Land Acquisition Act and declaration under Section 6 of the said Act was issued on 20.06.1966 and the award was passed on 23.03.1997. The writ petition is preferred in view of the enactment of the Right to Fair compensation and transparency in the Land Acquisition, Rehabilitation and Resettlement Act of 2013 which came in force on 01.01.2014. There is delay in filing the present writ petition. The said delay has not been explained in the present writ petition. We therefore dismiss the writ petition in default with liberty to the petitioner to re-file the same with adequate justification of the said delay and laches in the present petition.

VIPIN SANGHI, J SANJEEV NARULA, J SEPTEMBER 16, 2019 Pallavi