The petition seeking to quash acquisition proceedings and restore possession of agricultural land was dismissed as withdrawn with liberty to file a fresh petition explaining the delay.
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BIJENDER SINGH & ORS ..... Petitioners Through: Mr. N. Prabhakar, Advocate. versus LIEUTENANT GOVERNOR OF DELHI AND ORS ..... Respondents Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B. Mr. Pawan Mathur, Advocate for DDA.
CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA
O R D E R % 09.01.2019
“a. Issue a writ in the nature of certiorari/declaratory writ quashing the acquisition proceedings culminating in the award number 164/86-87 dated 19.09.1986 under the erstwhile Land Acquisition Act 1894 with respect to the agricultural land measuring 24 Bighas 8 Biswas (out of the total 28 Bighas and 16 Biswas originally belonging to the predecessor in interest of the petitioners) falling in the khasra numbers 15/17 (02 Bighas and 09 Biswas), 15/23 (04Bighas and 16 Biswas), 15/24(04 Bighas and 16 Biswas), 15/24/4(04 Bighas and 13 Biswas), 30/16 and 30/17/01 (undivided 01 Bigha and 09 Biswas), 30/25(01 Bigha and 16 Biswas), 30/27 (0-05 Biswas), 37/4/2 (01 Bigha and 16 Biswas), 37/5/1(02 Bighas and 08 Biswas) in the village Matiala, Tehsil Rampura, New Delhi and declaring the acquisition of the aforesaid land as having lapsed in terms of the section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act 2013;
b. And issue a writ in the nature of mandamus to the respondents to issue a fresh notification for acquisition of the aforesaid land barring 7 Bigha and 02 Biswas falling in the khasra numbers
15/17, 15/24 and 24/4 already in possession of the petitioners in accordance with the provisions contained in the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act 2013 and awarding compensation in terms thereof;
c. Or in the alternative, issue a writ of mandamus/in the nature of mandamus or any suitable directions to restore the actual physical possession of the land as described in the prayer clause 'a' above in favour of the petitioners after deducting land measuring 07 Bighas and 02 Biswas falling in the khasra numbers 15/17, 15/24 in possession of the petitioners;
d. pass any other order/suitable directions as this Honourable court deems just and appropriate.”
S. MURALIDHAR, J.
SANJEEV NARULA, J.
JANUARY 09, 2019/ nk
3 provisions across 2 enactments
BIJENDER SINGH & ORS
LIEUTENANT GOVERNOR OF DELHI AND 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
