High Court of DelhiW.P.(C)/13548/2018

Sh. Rajinder Singh And ORS. v. Union Of India And ANR.

2019-01-31Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13548/2018 SH. RAJINDER SINGH AND ORS.

..... Petitioners Through:

Mr. Sheetesh Khanna, Advocate versus UNION OF INDIA AND ANR.

..... Respondents Through:

Ms. Shobhna Takiar, 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

% 31.01.2019 CM Appl.No. 52767/2018 (Exemption)

1. Exemption allowed, subject to all just exceptions. WP(C) No. 13548/2018 & CM Appl.No. 52766/2018 (stay)

2. The prayer in the petition read as under:

"to issue a writ/order/direction in the nature of mandamus calling for the records of the acquisition proceedings in respect of the land in question situated in the revenue estate of village Mandawali Fazalpur, Delhi acquired vide award No.2179 dated 12.11.1968 village Mandawali Fazalpur, 'Delhi and further to issue appropriate writ, order or direction declaring the acquisition proceedings having lapsed and have become inoperative after the coming into force of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013.

Award cost of proceedings to the humble petitioners."

3. The narration in the petition reveals that notification under Section 4 of

the Land Acquisition Act, 1894 („LAA‟) was issued on 13th November, 1959, followed by declaration under Section 6 of the LAA on 17th June, 1963. The impugned Award No.2179/1968 was passed on 12th November, 1968. There is no explanation in the petition for the inordinate delay in approaching the Court for relief.

4. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed similar matters on account of delay and laches.

5. In that view of the matter, learned counsel for the Petitioner seeks liberty to withdraw this petition with liberty to file a fresh petition giving a proper explanation for inordinate delay in the Petitioner approaching the Court for relief.

6. The petition is dismissed as withdrawn with liberty prayed for. The application is disposed of.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 31, 2019 mw