Radha Krishan & ORS v. Unoin Of India & ORS

$~35 and 38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11451/2017 RADHA KRISHAN & ORS ..... Petitioners Through:

Mr. Arun Kumar Kaushik,Adv.

versus UNOIN OF INDIA & ORS ..... Respondents Through:

Mr. K.K.Jha, Adv. for R-1.

Mr. Yeeshu Jain, Adv. With Ms. Jyoti Tyagi, Advs. for L& B/LAC.

Mr. Ajay Verma, Sr. Standing counsel with Mr. Sanjeev Sagar and Ms. Nazik Parveen, Advs. for DDA.

Mr. Ajay Verma and Mr. Arjun Pant, Advs. for DDA.

Mr. R. K. Sharma, Adv. For R-3 & 4.

+ W.P.(C) 5786/2018 MAM RAJ CHAUHAN & ORS ..... Petitioners Through:

Mr. Arun Kumar Kaushik,Adv.

versus UNION OF INDIA & ORS ..... Respondent Through:

Mr. R. K. Sharma, Adv.

For R-1, 3 & 4.

Mr. Yeeshu Jain, Adv. With Ms. Jyoti Tyagi, Advs. for L& B/LAC.

Mr. Pushkar Sood, Adv. For DMRC.

Mr. Sanjeev Sagar, Standing counsel with Ms.Nazia Parveen, Adv.

For DDA.

CORAM:

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

O R D E R

% 30.09.2019 1.

The petitioner has preferred the present petition seeking the following relief :

"a. Pass a writ, order or direction in the nature of writ of declaration, thereby declaring the acquisition proceedings initiated in respect of the land of the petitioners with respect to their land being full joint share in khasra no 232/3/1 (0-10) & 232/3/2 (0-10) total measuring 1 bigha, situated in the revenue estate of Village Kotia Mahigram, Tehsil-Mehrauli, Delhi, as deemed to have lapsed in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;"

2. Considering the facts that the acquisition was initiated under Land Acquisition Act as early as on 06.04.1964; declaration under Section 6 of said Act on 07.12.1966; the award was rendered in the year 1986-87 and the present petition has been filed only in December, 2017

3. Learned counsel for the petitioner on instruction seeks leave to withdraw the present petition with liberty to file afresh petition explaining the delay and laches in filing the petition.

4. Accordingly, the petition is dismissed as withdrawn with liberty as prayed for.

VIPIN SANGHI, J SANJEEV NARULA, J SEPTEMBER 30, 2019 Pallavi