Delhi High Court - Orders
Rohit Gupta vs Union Of India & Anr on 4 February, 2022
Author: Vipin Sanghi
Bench: Vipin Sanghi, Jasmeet Singh
$~32.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2151/2022
ROHIT GUPTA ..... Petitioner
Through: Mr. Rajnish Ranjan, Advocate.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi,
Advocates.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 04.02.2022 CM No. 6172/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 2151/2022
1. The petitioner is aggrieved by the order dated 17.12.2021 passed by the Land Acquisition Collector rejecting the application preferred by the petitioner under Section 18 of the Land Acquisition Act, 1894 ('the Act') to seek a reference to the Court in respect of the amount offered by the Collector. The application made by the petitioner has been rejected on the grounds of limitation by observing that the award was announced on 31.12.2007, whereas the reference application under Section 18 of the Act has been made on 28.07.2014. It is stated that the reference application is barred by time since it has been made after 2400 days of the making of the Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:05.02.2022 19:33:43 award.
2. The case of the petitioner is that on account of dispute with regard to apportionment and inter se rights of the claimants, their disputes were referred under Section 30/ 31 of the Land Acquisition Act to the Court and the Court rendered its decision on 17.05.2014. Once that determination was made, the petitioner preferred the application under Section 18 of the Act within the period of limitation, i.e. on 28.07.2014.
3. It appears that the application made by the petitioner may not have been barred by limitation in the light of the judgment of the Supreme Court in Madan and Another Versus State of Maharashtra, ( 2014) 2 SCC 720.
4. Ms. Tyagi - who appears on advance notice, seeks time to examine the position and file a reply, if necessary. Let the same be done within two weeks, as prayed for. Rejoinder thereto, if any, be filed before the next date.
5. List on 11.04.2022.
6. In the meantime, we direct the petitioner to place on record the order passed by the Court in proceedings under Section 30/ 31 of the Land Acquisition Act, alongwith an additional affidavit, within three days.
VIPIN SANGHI, J JASMEET SINGH, J FEBRUARY 04, 2022 kd Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:05.02.2022 19:33:43