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High Court of DelhiW.P.(C)/13545/2018

M/S Ashok And Company v. Union Of India And ORS.

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

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 13545/2018 & C.M. No. 52762/2018 M/S ASHOK AND COMPANY ..... Petitioner Through:

Ms. Pooja Wason, Advocate.

versus UNION OF INDIA AND ORS.

..... Respondent 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 prayers in this petition read 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 out of Old Khasra No.342 (New Khasra No.4/24 and 25) 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 01 Bigha out of Old Khasra No.342 (New Khasra No.4/24 and 25) 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 Fair Compensation and transparency in Land Acquisition, W.P.(C) 13545/2018

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 reliefs.

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 The petition along with the application are dismissed as withdrawn with liberty as prayed for.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 10, 2019 ss W.P.(C) 13545/2018