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High Court of DelhiW.P.(C)/13949/2018

Sh. Rajesh Kumar And ORS. v. Union Of India And ORS.

2018-12-21Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 13949/2018 SH. RAJESH KUMAR AND ORS.

..... Petitioners Through:

Mr.Keshav V Hegde, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr.Yeeshu Jain, Standing Counsel for LAC / L&B.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 21.12.2018 C.M. APPL.54633/2018 (Exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 13949/2018

2. The present writ petition seeks a declaration that acquisition proceedings in respect of land admeasuring 4/5th share of land bearing Khasra No.40 (0416) situated in the revenue estate of village Molarbund, Delhi stand lapsed as per the provisions of The Right to Fair Compensation and Trasnparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. The notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 4th April, 1964. Subsequently, notification under Section 6 of the LAA was issued on 24th June, 1965. The aforesaid land was acquired by Award No. D/81-82 dated 19th October 1981. W.P.(C) 13949/2018 Page 1 of 2

4. Since the Petitioner is seeking discretionary relief under Article 226 of the Constitution of India, the Petitioner owes this Court an explanation as to why they could not seek relief earlier.

5. Learned counsel for the Petitioners seeks leave to withdraw the petition with liberty to file a fresh petition explaining the delay in the Petitioners approaching the Court for relief.

6. The petition is dismissed as withdrawn with liberty as prayed for. S. MURALIDHAR, J.

SANJEEV NARULA, J.

DECEMBER 21, 2018 tr W.P.(C) 13949/2018 Page 2 of 2