High Court of DelhiW.P.(C)/7822/2015

Ude Chand v. Land Acquisition Collector (Ne) & ORS

2019-01-08Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7822/2015 & C.M. Appl.No. 14783/2018 UDE CHAND ..... Petitioner Through:

Mr. Bhuvan Ravindran, Advocate versus LAND ACQUISITION COLLECTOR (NE) & ORS..... Respondents Through:

Mr. Parvinder Chauhan, Advocate for Respondent/NDMC Mr. Arjun Pant, Advocate for Respondent/DDA Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L& B Deptt.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 08.01.2019

1. The prayer in the present petition reads as under: "It is, therefore, respectfully prayed that this Hon Court may be pleased to issue a writ / order / direction in the nature of certiorari calling for the records of the acquisition proceedings with respect to the lands comprised in khasra no. 646/2 (9 bighas 14 biswas) situated in the revenue estate of village Wazirpur, Delhi acquired vide Award No.l329-A pronounced on 1.11.1969 and further to pass appropriate writ, order or directions declaring the acquisition proceedings if any to have lapsed and have become inoperative under Sec.

24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 as neither possession of the lands of the petitioner have been taken nor compensation with respect to lands have been paid and further to pass appropriate writ, order or directions in the nature of mandamus restraining the Respondents No,l and 2 from interfering in the actual peaceful physical possession of the lands comprised in Khasra No.646/2 (0914) situated in the revenue estate ofVillage Wazirpur.

Award cost of proceedings to the humble petitioner."

2. The narration in the petition is that a notification under Section 4 of the Land Acquisition Act, 1984 (LAA) was issued on 13th November 1959 followed by a declaration under Section 6 of LAA issued on 23rd October 1961. The Award was passed on 1st November 1969.

3. Learned counsel for the Petitioner seeks leave to withdraw the 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 Dismissed as withdrawn with liberty as prayed for. The application is also dismissed.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 08, 2019 mw