Tej Pal v. Govt. Of NCT Of Delhi & ORS

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11303/2015 & CM APPL.41270/2018 TEJ PAL ..... Petitioner Through:

Mr.Vishal Maan, Advocate.

versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through:

Mr.Namit Suri, Advocate for DDA.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 16.01.2019

1. The prayer in the petition reads as under: "i. Issue an appropriate writ, order or directions declaring the entire acquisition proceedings in respect of the land of petitioner total ad-measuring 3 bighas and 2 biswas comprised in khasra nos. 875/2 (3-2) situated in the Revenue Estate Of Village Mahipal Pur, New Delhi, to have lapsed in view of Section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013."

2. The narration in the petition reveals that notification under Section 4 of the Land Acquisition Act, 1894 („LAA‟) was issued on 23rd January 1965. Subsequent to declaration being issued under Section 6 LAA, Award No.242/1986-87 was passed on 22nd September 1986. There is an obvious inordinate delay of three decades in approaching the Court for relief. W.P.(C) 11303/2015 Page 1 of 2

3. This Court has in a series of orders following the judgment of the Supreme Court in Mahavir v. Union of India (2018) 3 SCC 588 dismissed matters on account of delay and laches.

4. In that view of the matter, learned counsel for the Petitioner seeks liberty to withdraw this petition with liberty to file a fresh petition giving a proper explanation for inordinate delay in the Petitioner approaching the Court for relief.

5. The petition is dismissed as withdrawn with liberty prayed for.

6. Interim order passed by this Court on 7th December 2015 as confirmed last by order dated 29th January 2018 is hereby vacated. S. MURALIDHAR, J.

SANJEEV NARULA, J.

JANUARY 16, 2019 tr W.P.(C) 11303/2015 Page 2 of 2