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High Court of DelhiW.P.(C)/13544/2018

Ms. Gunjan Mehta v. Union Of India And ORS.

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

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13544/2018 & C.M. No. 52761/2018 MS. GUNJAN MEHTA ..... Petitioner Through:

Ms. Pooja Wason, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Yeeshu Jain, Advocate with Ms.

Jyoti Tyagi, Advocate for L&B/LAC.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 10.01.2019

1. The prayer in this petition reads as under: (a) issue a writ/order/direction in the nature of certiorari calling for the record of the acquisition proceedings in respect of the land measuring 01 Bigha 05 Biswas out of Old Khasra No.325, 326, 329, 330, (New Khasra No.4/21, 22, 24, 25, 26,13/1,10,11) situated in the Village Budhpur Bijapur, Delhi belonging to the petitioner;

(b) issue appropriate write, order or direction declaring the acquisition proceedings in respect of the land measuring measuring 01 Bigha 05 Biswas out of Old Khasra No.325, 326, 329, 330, 332 (New Khasra No.4/21, 22, 24, 25, 26, 13/1,10,11) situated in the Village Budhpur Bijapur, Delhi, vide Award No.12/1996-97 dated 17.12.1996, having lapsed and have become inoperative after the coming into force of the Right to W.P.(C) 13544/2018

Fair Compensation and transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013;

(c) award the cost of the present proceedings in favour of the petitioner;

(d) pass any other order or relief which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case in favour of the petitioner and against the Respondents."

2. According to the narration in the petition, notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 14th June 1994 followed by declaration under Section 6 LAA on 21st December 1994. The Award was passed on 17th December 1996.

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 relief.

4. The petition along with the pending application is dismissed as withdrawn with liberty as prayed for.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 10, 2019 ss W.P.(C) 13544/2018