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Delhi High Court - Orders

Shri Dhanraj Singh Jain And Anr vs Union Of India And Ors on 5 September, 2023

Author: V. Kameswar Rao

Bench: V. Kameswar Rao, Anoop Kumar Mendiratta

                                    $~39
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    W.P.(C) 11854/2018, CM APPL. 45889/2023
                                         SHRI DHANRAJ SINGH JAIN AND ANR.
                                                                                          ..... Petitioners
                                                          Through: Mr. Rana Ranjit Singh, Adv. with
                                                                    Mr. Ravish Singh, Ms. Sweta Singh,
                                                                    Ms. Akanksha Singh, Mr. Vivek
                                                                    Kumar Singh and Mr. Abhilash
                                                                    Tripathi, Advs.
                                                          versus

                                                UNION OF INDIA AND ORS.
                                                                                                                                    ..... Respondents
                                                                                      Through:                 Mr. Sanjay K. Pathak, SC with
                                                                                                               Mr. M.S. Akhtar and Ms. Rini Violet
                                                                                                               Tigga, Advs. for LAC/L&B/UOI
                                                CORAM:
                                                HON'BLE MR. JUSTICE V. KAMESWAR RAO
                                                HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                                             ORDER

% 05.09.2023 CM APPL. 45889/2023 (by petitioners)

1. This is an application filed by the petitioners with the following prayers:

"In the aforesaid premises and in the interest of justice, it is most respectfully prayed that this Hon'ble Court may be graciously pleased to:
A. Direct the respondents to comply with the sub para iii of the order dt. 20.12.2012 passed by this Hon'ble Court in W.P. © No. 8005 of 2012 B. Direct the respondents to pay the commercial market charges /damages / the cost/ rent/usages charges of misutilization of the land i.e 2 bigha 1 biswa land situated in Village Azadpur Delhi since 06.03.2003 till date to the petitioners.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:55 C. Direct the respondents to issue appropriate notification under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 in compliance to order dt. 20.12.2012 in W.P. © No. 8005/2012. D. Pass an appropriate order / orders against the officers of respondents for willful breach of compliance/ directions given by this Hon'ble Court in order dated 20.12.2012 in W.P. © No. 8005/2012 in the interest of Justice and E. Pass such other or further orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and to meet the ends of justice and exemplary cost be imposed on the respondents."

2. We find that the counter affidavit(s) have been filed by the respondent Nos.2 and 4. The other respondents / LAC and L&B have not filed their counter affidavit(s).

3. Counter affidavit(s) be filed within eight weeks. Rejoinder(s) thereto, be filed within eight weeks thereafter.

4. List on the date fixed, i.e., January 11, 2024.

V. KAMESWAR RAO, J ANOOP KUMAR MENDIRATTA, J SEPTEMBER 5, 2023/aky This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:55