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High Court of DelhiW.P.(C)/10828/2015

Vidyawati v. Govt. Of NCT Of Delhi & ORS

2019-01-10Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10828/2015 VIDYAWATI ..... Petitioner Through:

Mr. Manoj Kumar Dwivedi, Advocate for Mr. Jeevan Chandra, Advocate.

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

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

Mr. Dhanesh Relan, Standing Counsel for DDA with Mr. Rajeev Jha and Ms. Mrinalini Sharma, Advocates.

Mr. Naushad Ahmad Khan, ASC with Mr. Md. Tausheed, Advocates for R1.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 10.01.2019

1. The prayers in this petition read as under: "a. pass a writ, order or direction in' the nature of a writ of declaration, declaring the acquisition proceedings initiated in respect of the land of the petitioner, admeasuring 7 bighas and 7 biswas bearing old khasra nos. 1157, 1158, 1159 ,and new khasra nos.

410(3-16), 411(2-16), 412(0-15), situated in Village Mehrauli, Tehsii Mehrauli, Distt. South, New 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:

b. further pass a writ, order or direction in the nature of a writ of mandamus thereby directing the respondents not to interfere with the peaceful possession and enjoyment of the land admeasuring 7 bighas and 7 biswas bearing old khasra nos. 1157, 1158, 1159 and new khasra nos. 410(3-16), 411(2-16), 412(0-15), situated in Village Mehrauli, Tehsil Mehrauli, Distt. South, New Delhi, and c. pass such ether or further orders as deem fit and proper in the circumstances of the case."

2. According to the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 25th November 1980 followed by declaration under Section 6 LAA on 27th May 1985. The Award was passed way back on 26th May 1987.

3. Learned Counsel for the Petitioner seeks leave to withdraw this petition with liberty to file a fresh petition properly explaining the inordinate delay in approaching the Court for the above reliefs.

4. Dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 10, 2019 nk