The Court dismissed a writ petition seeking quashing of land acquisition proceedings and claiming non-payment of compensation due to an inordinate delay of nearly 30 years in approaching the Court for relief.
The writ petition is dismissed; relief against non-payment of compensation or quashing of acquisition proceedings is denied.
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KAMLESH & ORS. ..... Petitioners Through: Mr. N.Prabhakar, Advocate
versus
LT. GOVERNOR OF DELHI & ORS. ..... Respondents Through: Ms.Mrinalini Sen & Ms. Niharika Jauhari, Advocates for Respondent/DDA Mr.Yeeshu Jain & Ms. Jyoti Tyagi, Advocates for Respondent/LAC/L & B
CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R % 07.12.2018
“4. That it is submitted that the lands of village Mehrauli were notified vide Notification under section 4 of the Land Acquisition Act, 1894 dated 23.1.1965 which was followed by the Notification under section 6 of the Act dated 7.12.66. The Award was also passed vide Award No. 41/86-87 and the actual vacant physical possession of the subject land falling in various khasra numbers which are subject matter of present writ petition was taken on the spot on 22.9.1986 by preparing possession proceeding on the spot and handed over to the requisition agency on the spot i.e DDA. However, there is no entry in the Naksha Muntazamin as to whether the compensation was paid or not. The petitioner has also not filed any document to show that he actually applied for release of compensation and/or he was ever aggrieved due to the alleged non-payment of compensation. The Statement -A and Payment file of Award No. 41/86-87 is presently unavailable/untraceable and a circular to trace out the same has been issued vide Circular No.F.ADM/LAC(SOUTH)/2018/121-133 dated 07.03.2018.
S. MURALIDHAR, J.
SANJEEV NARULA, J.
DECEMBER 07, 2018 mw
2 issues framed by the court
Whether a writ petition seeking quashing of land acquisition proceedings and compensation is maintainable after an inordinate delay of nearly 30 years.
Whether the principles of limitation apply to bar the present writ petition.
3 provisions across 1 enactments
Kamlesh & Ors.
Lt. Governor of Delhi & Ors.
S. Muralidhar
Sanjeev Narula
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
