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High Court of DelhiW.P.(C)/8419/2017

Dhanwan Singh & ORS v. Union Of India & ORS

2018-11-29Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

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Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-54 & 55 IN THB: high court Of DELHI AT NEW DELHI * W.P.(C) 8419/2017 -4- ....Petitioners Ms. Pooja Yadav, Advocate.

DHANWAN SINGH & ORS Through:

versus ....P.espondents Mr. Anil Dabas, Advocate with Mr. Praveen Kumar, Advocate for UOI.

Ms. Shobhana Takiar, Advocate for DDA.

UNION OF INDIA & ORS 'Through:

W.P.IC) 8476/2017 -h ....Petitioners Through:

Ms. Pooja Yadav, Advocate.

TEJ PAL & ORS versus ....Respondents Mr. yVniT, Dabas, Advocate with VIr. Parveen Kumar, Advocate for UOI.

iVJs. Shobhana Takiar., Advocate for DDA.

UNION OF INDIA & ORS Through:

CORAM:

JUSTICE S. MURAI.IDHAR JUSTICE SANJEEV NARULA

O R D E R

29.11.2018 % I. In both these petitions, the categorical stand taken by the Land Acciuisition Coilector ('LAC') in thetrespective counter affidavits is that

Jo possession of the lands in question could not be taken. The awarded compensation is lying in RD account. According to the counsel for the DDA, the possession has not been handed over even to the DDA.

2. In that view of the matter, the statement in the previous order of this Court dated 16* August 2018 that the stand of both the Petitioner and the DDA is that possession has been taken is not correct.

3. Learned counsel for the LAC states that with the LAC not having taken possession of the land, the question of payment of the compensation to the recorded owner does not arise.

4. In that view of the matter, a declaration is issued that the land acquisition proceedings in respect of the Petitioners' l/4th share in the land in Khasra N0.4//26/2 admeasuring 20 bigha situated in village Sahipur, New Delhi have lapsed.

5. The petitions are disposed of S. MIJRALIDHAR, J.

SANJEEV NAKULA, J.

NOVEMBER 29, 2018 ss