High Court of DelhiW.P.(C)/11226/2015

Rajan Sharma & ORS. v. Union Of India & ANR.

2019-02-12Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Sanjeev Narula2 pages

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11226/2015 RAJAN SHARMA & ORS.

..... Petitioners Through:

Ms. Tejaswini Verma, Advocate for Mr. Sukhbir Sejwal, Advocate.

versus UNION OF INDIA & ANR.

..... 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

% 12.02.2019

1. The prayers in this petition reads as under: "It is, therefore, respectfully prayed that this Hon Court may be pleased to issue a writ / order / direction in the nature of certiorari calling for the records of the acquisition proceedings with respect to the lands comprised in khasra No. 86/2(3-12), 87(1-10), 88(202), 90(2-12), 95/2(2-12) total measuring 12 Bighas 08 Biswas situated in the revenue estate of Village Pul Pehladpur, New Delhi, acquired vide Award. 839/1958-59 of the petitioners and further to pass appropriate writ, order or directions declaring the acquisition proceedings to have lapsed and have become inoperative under sec.24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 as physical possession of the lands of the petitioners comprised in khasra Nos. 187(3-07), 188(4-16) 216(1-16), 219/l((l-03), 220(4-16), 221(4-00),226(2-08),

229/2(4-08) has not been taken and no compensation in respect of acquired land has been paid to the petitioners and their predecessors."

2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 30th August 1954 and a declaration under Section 6 of LAA was issued on 12th March 1955. The Award No. 839/ 1958-59 was passed way back on 14th January 1958. 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 Dismissed as withdrawn with liberty as prayed for.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