Disposed

Alka Sahni v. Govt of NCT of Delhi & Ors.

Delhi HC15 Jan 2025W.P.(C)/438/2025

Case brief

AI extract

What is this about?

Writ petition seeking possession or compensation for land in Village Sayurpur. Petitioner did not press on merits and sought treatment of the petition as a representation before the Director, Land Management. The Court directed the authority to decide the representation within eight weeks and disposed of the petition.

What did the court decide?

Petition to be treated as representation before Director, Land Management, to be decided after hearing within eight weeks.

Alka Sahni Vs Govt of NCT of Delhi & Ors. — Land Acquisition | Delhi HC (2025)

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$~40

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 438/2025

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ALKA SAHNI

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.....Petitioner

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Through: Mr. Ashish Negi, Advocate

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versus

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GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Kumar Pathak, SC with Mr. Sunil Kumar Jha, Mr. M. S. Akhtar, Mr. Mayank Madhu and Mr. Sami S. Siddiqui, Advocates for R-1 and R-3 Ms. Shobhna Takiar, SC for DDA with Mr. Kuljeet Singh, Mr. Prateek Dhir and Mr. Shivam Takiar, Advocates for DDA Mr. Sanjay Vashishtha, Standing Counsel for MCD along with Ms. Harshita Rai and Mr. Siddhartha Goswami, Advocates for MCD (Through VC)

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CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE MANOJ JAIN

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O R D E R % 15.01.2025

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CM APPL. 2124/2025 (Exemption)

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Exemption allowed subject to just exceptions.

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The application stands disposed of.

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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 24/01/2025 at 15:34:12

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W.P.(C) 438/2025

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The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs:

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“(i) Issue a writ of mandamus directing the respondents to release and handover the physical possession of the Khasra no. 48/1(3-3), 48/2(1-1). 49/2(1-1), 49(4-4), 56(4-16), 66/1(2-03), 69/2(1-9), ad-measuring in total 21 bighas 12 biswas situated within the revenue estate of Village Sayurpur, Delhi; or (ii) Issue a writ of mandamus directing the Respondents to pay compensation at current rate to the petitioner alongwith damages/charges under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement act, 2013; and

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(iii) Issue a writ of mandamus directing the Respondents to damages to the tune of Rs.50,00,000/- to the Petitioner for illegally occupying the lands in questions of the petitioner without any sanctity under the law;....”

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After some length of arguments on merits, learned counsel for the petitioner, without pressing the matter on merits, seeks an innocuous prayer that the instant petition may be treated as a representation before the competent authority i.e., Director, Land Management and the said authority may be directed to decide the said representation within the prescribed time in accordance with law.

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Learned counsel appearing on behalf of the respondents-DDA and LAC vehemently opposed the instant petition but has no objection to the innocuous prayer made by the learned counsel for the petitioner.

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Heard learned counsel for the parties and perused the record.

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Since the learned counsel appearing on behalf of the petitioner has not pressed the matter on merits and only sought for the aforesaid innocuous prayer, this Court is inclined to allow the same.

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This is a digitally signed order.

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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 24/01/2025 at 15:34:12

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Accordingly, the petitioner is directed to file an appropriate application along with the copy of the instant petition as well as the certified copy of this order before the competent authority i.e., Director, Land Management within one week. After receiving the said application, competent authority i.e., Director, Land Management is directed to treat the said application as representation and dispose of the same after hearing the petitioner and pass a detailed and reasoned order in accordance with law expeditiously, preferably within eight weeks.

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With the aforesaid directions, the instant petition is disposed of along with pending applications, if any.

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CHANDRA DHARI SINGH, J

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MANOJ JAIN, J

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JANUARY 15, 2025 gs/mk

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Click here to check corrigendum, if any

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Alka Sahni v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Alka Sahni v. Govt of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

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