The court allowed exemption under Article 143 of the Constitution. The petition seeking quashing of acquisition proceedings as deemed lapsed was ultimately dismissed as withdrawn with liberty to file a fresh petition explaining the delay.
Petition dismissed as withdrawn with liberty to file a fresh petition explaining the delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SORAM & ORS. ..... Petitioners Through: Mr. Arun Kumar Kaushik, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B. Mr. Dev. P. Bhardwaj, CGSC with Mr. Jatin Teotia, Advocate for R- 1/UOI. Mr. Arun Birbal, Advocate for DDA. Mr. Sanjay Singh, Advocate for DDA.
CORAM:
JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R % 11.02.2019 CM APPL. 6376/2019 (Exemption)
W.P.(C) 1400/2019 & CM APPL. 6375/2019
“(i) Pass a writ, order or direction in the nature of writ of declaration, thereby declaring the acquisition proceedings initiated in respect of the land of the Petitioners being ½ joint share in Khasra No. 796/456/3 (03-09), 783/407 (4-14), 784/408 (03-06), 490/421 min (01-12) & 548/492/421 (02-07), total measuring 15 bighas 08 biswas, situated in the revenue estate of
Village Jasola, Tehsil - Sarita Vihar, District South-East, Delhi, as deemed to have lapsed, further quashing of the impugned Award No. 21/1992-93 of village Jasola, Tehsil - Sarita Vihar, District South-East, Delhi, to the extent of the land of the petition, as deemed to have lapsed in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;
(ii) pass any other or further order(s) which this Hon'ble Court may deem fit and proper in the interest of justice.”
S. MURALIDHAR, J.
SANJEEV NARULA, J.
FEBRUARY 11, 2019 nk
2 issues framed by the court
Whether the petition seeking quashing of land acquisition proceedings as deemed lapsed under the 2013 Act should be allowed.
Whether the petition can be withdrawn with liberty to file a fresh petition explaining the delay.
2 provisions across 2 enactments
SORAM & ORS.
UNION OF INDIA & 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
