Petitioner filed a writ petition claiming entitlement to compensation for land acquired in 1949 from his grandfather, alleging non-payment. The Court dismissed the petition as hopelessly barred by limitation and speculative.
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.....Petitioner Through: Mr. Haji Mohammad Iqbal, Mr. Mohd Faizan, and Mr Prajwal Chaturvedi, Advocates with petitioner. versus UNION OF INDIA & ORS. .....Respondents Through: Mr Arjun Pant, Advocate and Mr Rahul, Legal Assistant for DDA. Mr Manu Chaturvedi, SC, Ms Devika Roy Chaudhary, Advocate for MCD. Mr Parvinder Chauhan, Advocate for DUSIB.
CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA O R D E R % 23.08.2024
prayers:-
“i. Issue court notices / summons to the respondents. ii. Issue directions to respondent no.4 seeking complete report of Government policy planning and projection of acquired land along with complete report of acquisition proceeding and action taken to the last, regarding Shadi Khampur Raya land.
iii. Issue a writ of mandamus or any other appropriate writ (s), order (s), direction (s) in favours of the general public specially in favour of the petitioner and against the respondents,
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specifically respondent no.4 to take immediate and necessary step to release the retained award, compensation of rightful persons at present market price of West Delhi or and at least return back the possession of acquired land to the petitioner and to any other persons whose land is acquired, but their award money is yet not paid or handover to them or to their rightful, entitle legal representatives, after going through the reports.”
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of the municipal numbers for the purpose of identification of the subject land. He also sought complete information of land acquisition, notification, services, appeals, objections and information considered for passing of the award No.876-884/1949 dated 09.11.1949.
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 04/09/2024 at 12:29:35
present petition. The same is, accordingly, dismissed.
VIBHU BAKHRU, J
SACHIN DATTA, J
AUGUST 23, 2024 M
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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 04/09/2024 at 12:29:35
2 issues framed by the court
Whether a writ petition claiming unclaimed acquired land compensation, filed decades after the original owner's death with speculative factual basis, can be entertained by the Court.
Whether the petition is barred by limitation.
Salman Qureshi
Union of India
Vibhu Bakhru
Sachin Datta
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
