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High Court of DelhiW.P.(C)/12617/2018

Sushila Bhatanagar (Since Deceased) Through Her Lr Raj Krishan Bhatnagar v. Union Of India & ORS

2024-03-28Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Ms. Justice Tara Vitasta Ganju2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 12617/2018 SUSHILA BHATANAGAR (SINCE DECEASED) THROUGH HER LR RAJ KRISHAN BHATNAGAR ..... Petitioner Through:

Mr N.K.

Bhatnagar with Ms Pratishtha Majumdar and Ms Rupali, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through:

Mr Rajneesh Sharma, Advocate for LAC.

Mr Nitin Mishra, Advocate for DDA.

Mr Mayank Kamra, proxy counsel for Mr Divyam Nandrajog, Advocate for GNCTD/R-3.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 28.03.2024 1.

The petitioner has filed the present petition, inter alia, challenging the acquisition of the subject land [bearing Plot No.10/9 B Gali Number 2, Friends Colony Industrial Area, G.T. Road, Shahdara (Khasra Number 1142/320/306/8, Delhi] on the anvil of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2.

The learned counsel appearing for the petitioner fairly states that since there is no dispute that the possession of the subject land was taken over by the concerned authorities; the challenge to the acquisition does not survive in terms of the decision of the Supreme Court in Indore Development The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2024 at 16:00:54

Authority v. Manohar Lal and Ors.: (2020) 8 SCC 129. He, however, submits that the compensation paid to the petitioner for acquisition of the land is not fair and the petitioner's grievance in that regard may survive. 3.

He seeks to withdraw the present petition with liberty to file afresh. 4.

The petition is dismissed as withdrawn with the aforesaid liberty. VIBHU BAKHRU, J GIRISH KATHPALIA, J MARCH 28, 2024 RK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/04/2024 at 16:00:54