W.P.(C)--8193/2018. Case: ASHOK KUMAR MUDGIL THROUGH ITS ATTORNEY SUSHIL KUMAR Vs. UNION OF INDIA AND ORS.. High Court of Delhi (India)

Case NumberW.P.(C)--8193/2018
CitationNA
Judgement DateAugust 09, 2019
CourtHigh Court of Delhi (India)

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 8193/2018 & CM APPL. 31411/2018

ASHOK KUMAR MUDGIL THROUGH ITS ATTORNEY SUSHIL KUMAR ..... Petitioner

Through: Mr. Mahesh Prasad with Mr.

Prasad, Advocates.

versus

UNION OF INDIA AND ORS. .... Respondents

Through: Mr.Anil Dabas with Mr.

Kumar, Advocates for UOI.

Ms. Sangita Rai with Mr.

Singh, Advocates for Govt. of of Delhi

Mr. Ajay Verma, CGSC with G.S. Oberoi and Mr. Aman Verma for DDA.

Mr.Sanjay Kumar Pathak with Sunil Kumar Jha and Mr. Akhtar, Advocates for LAC/L&

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R % 09.08.2019

Dr. S. Muralidhar, J. :

  1. With the consent of the learned counsel for the parties, the matter is taken up for final hearing today.

  2. The prayers in this petition read as under:

    W.P.(C) 8193/2018 Page 1

    1. Issue writ of declaration declaring the acquisition proceedings together with the impugned notifications and award (If any) to be illegal, unconstitutional and null and void and issue writ of Certiorari to quash Notification No.

      F.11(17)/91-L&B/LA/6518 dated 28.04.1995 issued Under Section 4 of the Land Acquisition Act, 1894 (herein referred as to the 'Act') and the subsequent declaration of Notification No.

      F.11(17)/91/L&B/LA/1285 dated 26.04.2013 issued Under Section 6 of the Land Acquisition Act, 1894; and all acquisition proceedings there under including award (if passed) vis-a-vis the land Khasra No. 301, area 01 Bigha, in the revenue estate of village Shahbad Daulatpur, Delhi has lapsed due to the failure on the part of the respondents in not issuing the notification under Section 6 of the Land Acquisition Act within the stipulated time of one year from the date of Judgment dated

      21.03.2012 of the Hon'ble Supreme Court of India;

    2. Writ, order or direction in the nature of prohibition thereby restraining the respondents, their officers, agents or their representatives or anybody claiming through them from dispossessing the petitioner from her settled possession over the land in dispute as found mentioned in writ petition and changing the nature, title and character of land in dispute falling in the revenue estate of Village- Shahbad Daulatpur, Delhi.

    3. Award costs of the writ petition in favour of the petitioner.”

  3. The narration in the petition reveals that on 28th April 1995 under Section 4 of the Land Acquisition Act, 1894 (LAA) was issued for the purposes of the „Rohini Residential Scheme‟. This was followed declaration under Section 6 LAA issued on 28th April 1996. Thereafter, new declaration under Section 6 was issued on 26th April 2013. It is that the Land Acquisition Collector North West (LAC NW) passed impugned Award No.1/1998-99 on 26th April 1998.

    W.P.(C) 8193/2018 Page 2

  4. It is stated in the petition that “the petitioner is citizen of India and owner and in possession of the Land in Khasra No. 301 (01 Bigha) in the Revenue Estate of Village Shahbad Daulatpur, Delhi.” It is Para 5(v) of the petition that the land in question forms part of “ Vihar, Near Sector-25, Rohini, New Delhi.” It is also submitted in

    (viii) of the petition that on 27th October 2005, that an application regularization was submitted and a fresh application was also invited Government of NCT along with certain documents in 2007.

  5. It is stated that a petition was filed by the Prahlad Vihar RWA court being W.P.(C) No. 3938/1996 assailing the notification under 4 of the LAA and stating that the...

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