Jagdish Prasad Aggarwal v. Government Of NCT Of Delhi & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9074/2017 JAGDISH PRASAD AGGARWAL ..... Petitioner Through:

None.

versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advocates for respondents/ LAC/ L&B.

Mr.

Arjun Pant, Advocate for respondent/ DDA.

CORAM:

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

O R D E R

% 09.10.2019 None appears for the petitioner.

In view of the judgment of this Court in Mool Chand v. Union of India & Ors., W.P.(C.) No. 4528/2015, decided on 17.01.2019 and several other decisions, we are not inclined to adjourn the matter any further. The petitioner has preferred the present petition to seek the following reliefs:

"a) Grant ex-parte orders thereby directing the Respondents to deposit the compensation in terms of the Award No. 6 C 71-72 dated 18.09.1976 before this Hon'ble Court, till adjudication of present petition.

B) Pass any such other, and further order(s) or direction(s) as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

The notification under Section 4 of the Land Acquisition Act was issued on 13.11.1959; the declaration under Section 6 of the said Act was issued on 17.05.1966; the award was made on 18.09.1976; whereas the present petition has been filed only in October 2017. Thus, there is inordinate delay in preferring the present writ petition. We are, therefore, inclined to dismiss the petition on account of excessive delay & laches, which are not explained in the petition.

Accordingly, the petition is dismissed. The petitioner is granted liberty to file a fresh petition, if the petitioner is able to explain the delay and laches.

VIPIN SANGHI, J SANJEEV NARULA, J OCTOBER 09, 2019 B.S.Rohella