Jagwati & ORS v. Union Of India & ORS

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 10585/2015 JAGWATI & ORS ..... Petitioners Through:

Mr. Udaibir Singh Kochar, Advocate.

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

Mr. Rajesh Kumar, Advocate with Ms. Santwana, Advocate.

Mr.

Pawan Mathur, Standing Counsel, DDA.

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

% 12.02.2019

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 petitioners, forming part of Khasra No.378 (0-17), 379 (0-17), 383 (1-01), 384 (1-01), 400 (2-08) and 401 (1-06) admeasuring 7 Bighas 10 Biswas situated in Village Neb Sarai, 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 to restore the possession of the land forming part of Khasra No.378 (0-17), 379 (0-17), 383 (1-01), 384 (1-01), 400 (2-08) and 401 (l-o6)"

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 5th November 1980 and a declaration under Section 6 of the LAA was issued on 21st May 1985. The Award No. 12/87-88 was passed way back on 20th May 1987. There is no explanation for the inordinate delay in approaching the Court for relief.

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 relief.

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 Dismissed as withdrawn with liberty as prayed for.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

SANJEEV NARULA, J.

FEBRUARY 12, 2019 ss