Delhi High Court - Orders
Dalbir Singh And Ors vs Union Of India And Ors on 12 February, 2019
Author: S. Muralidhar
Bench: S.Muralidhar, Sanjeev Narula
$~72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7106/2016
DALBIR SINGH AND ORS ..... Petitioners
Through: Mr. D.V. Khatri, Advocate.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Jasmeet Singh, CGSC.
Mr. Pawan Mathur, Advocate for
DDA.
Mr. Yeeshu Jain, Advocate with Ms.
Jyoti Tyagi, Advocate for L&B/LAC.
CORAM:
JUSTICE S.MURALIDHAR
JUSTICE SANJEEV NARULA
ORDER
% 12.02.2019
1. The prayers in this petition read as under:
"i) Issue Writ of certiorari to the effect of quashing the impugned award No. 22/2003-04 dated 24.12.2003 of Village-Shahpur Garhi, Delhi, passed by the Land Acquisition Collector (North) under Section 11 of the Land Acquisition Act in respect of the land bearing Khasra No. 17/2 min measuring 4 bigha 9 biswa situated in the revenue estate of Village-Shahpur Garhi, Delhi, being lapsed under Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
ii) Declaration to the effect of declaring the award No. 22/2003- 04, Vill-Shahpur Garhi, Delhi as well as Notification U/S 4 of LA Act vide No. F.10(43)/96/L&B/LA/31.72. dated 23;05.2002 and declaration U/S 6 of the L.A. Act,1894 along with Notification U/S 17(1) of LA Act vide No. F.10(43)/96/L&B/LA/15.568 dated 17.12.2002 in respect of the land bearing Khasra No. 17/2 min measuring 4 bigha 9 biswa situated in the revenue estate of Village- Shahpur Garhi, Delhi, as null and void being lapsed Under Section .24(2) of Right to Fair Compensation and Transparency in. Land Acquisition, Rehabilitation and Resettlement Act, 2013.
iii) Pass any further orders or directions which this Hon'ble Court deems fit and proper in the present case in favour of the petitioners, in the interest of justice."
2. According to the narration in the petition, the notification under Section 4 of the Land Acquisition Act, 1894 ('LAA') was issued on 23rd May 2002 and a declaration under Section 6 of LAA was issued on 17th December 2002. The Award No. 22/2003-04 was passed way back on 24th December 2003. 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