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#28-29 HIGH COURT OF DELHI
W.P.(C) 2928/2014 & CM APPL. 6073/2014
M/S ELEGANT SALES PVT LTD & ANR...... Petitioners
Through Mr. Amitabh Chaturvedi,Advocate
W.P.(C) 2928/2014 & CM APPL. 6073/2014
M/S ELEGANT SALES PVT LTD & ANR...... Petitioners
Through Mr. Amitabh Chaturvedi,Advocate
VERSUS
UNION OF INDIA & ORS.
Through Respondents Mr. Ripu Daman Bhardwai, CGSC forUOI.
Mr. Arjun Pant, Standing Counsel for DDA.
Ms. Puja Kalra, Advocate for SDMC.
Mr. SiddharthPandey, Proxy Counsel for Mr. Yeeshu Jain, Advocate for
GNCTD/LAC.
Through Respondents Mr. Ripu Daman Bhardwai, CGSC forUOI.
Mr. Arjun Pant, Standing Counsel for DDA.
Ms. Puja Kalra, Advocate for SDMC.
Mr. SiddharthPandey, Proxy Counsel for Mr. Yeeshu Jain, Advocate for
GNCTD/LAC.
WITH
W.P.(C) 2940/2014 & CM APPL. 6106/2014
M/S. TYCOON MARKETING PVT TLD &ANR. Petitioners
Through Mr. Amitabh Chaturvedi, Advocate
M/S. TYCOON MARKETING PVT TLD &ANR. Petitioners
Through Mr. Amitabh Chaturvedi, Advocate
VERSUS
UNION OF INDIA & ORS.
Through Respondents Mr. Ripu Daman Bhardwaj, CGSC forUOI.
Mr. Arun Birbal, Standing Counsel with Mr. Sanjay Singh, Advocate for
DDA.
Page 1 of3
Through Respondents Mr. Ripu Daman Bhardwaj, CGSC forUOI.
Mr. Arun Birbal, Standing Counsel with Mr. Sanjay Singh, Advocate for
DDA.
Page 1 of3
W.P.(C) 2928/2014, 2940/2014
2015:DHC:11112 Ms. Mini Pushkama, Standing Counsel with Ms. Yoothica Pallavi, Advocate for SDMC.
Mr. Siddharth Pandey, Proxy Counsel for Mr. Yeeshu Jain, Advocate for
GNCTD/LAC.
2015:DHC:11112 Ms. Mini Pushkama, Standing Counsel with Ms. Yoothica Pallavi, Advocate for SDMC.
Mr. Siddharth Pandey, Proxy Counsel for Mr. Yeeshu Jain, Advocate for
GNCTD/LAC.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
06.07.2015 , Petitioners by the present writ petitions seek quashing ofMemo dated
31®^ December, 2013 whereby symbolic possession of the lands at Village
Chattarpur, Tehsil Mehrauli were taken.
Learned counsel for the petitioners states that Section 4 Notification dated 25^^ November, 1980 as well as Section 6Notification dated 7^ June, 1985 have already been quashed by this Court qua the present lands vide order dated 10'*" August, 1990 in CWP No. 2149/1985.
Government of NCT of Delhi as well as LAC in their counter- affidavits have admitted that the lands of petitioners are free from acquisition and, therefore, DDA must revoke its possession. This fact is apparent from the letters dated 3""'' November, 2014 and 9^'' December, 2014 written bythe LAC/ADM (South) to DDA.
In the latestaffidavit filed by DDA it is statedthat in viewof the letter dated 3'^^ November, 2014 written by the LAC, further action is to be taken t>y LAC and L&B Departments ofGovt. ofNCT ofDelhi as they have taken over the possession. fV.P.(C) 2928/2014, 2940/2014 ^ r
Having perused the files and the categorical letters of LAC dated 3'"'^
November, 2014 and 9^*" December, 2014 as well as DDA's letter dated 9'^"
June, 2014, present writ petitions are allowed to the extent that the impugned possession memo dated 31'^ December, 2013 is quashed. It is clarified that any action taken in pursuance to the impugned possession memo shall also be deemed to have been set aside.
With the aforesaid observations, present writ petition and applications are disposed of lU
MANMOHAN, j JULY 06,2015 m
06.07.2015 , Petitioners by the present writ petitions seek quashing ofMemo dated
31®^ December, 2013 whereby symbolic possession of the lands at Village
Chattarpur, Tehsil Mehrauli were taken.
Learned counsel for the petitioners states that Section 4 Notification dated 25^^ November, 1980 as well as Section 6Notification dated 7^ June, 1985 have already been quashed by this Court qua the present lands vide order dated 10'*" August, 1990 in CWP No. 2149/1985.
Government of NCT of Delhi as well as LAC in their counter- affidavits have admitted that the lands of petitioners are free from acquisition and, therefore, DDA must revoke its possession. This fact is apparent from the letters dated 3""'' November, 2014 and 9^'' December, 2014 written bythe LAC/ADM (South) to DDA.
In the latestaffidavit filed by DDA it is statedthat in viewof the letter dated 3'^^ November, 2014 written by the LAC, further action is to be taken t>y LAC and L&B Departments ofGovt. ofNCT ofDelhi as they have taken over the possession. fV.P.(C) 2928/2014, 2940/2014 ^ r
Having perused the files and the categorical letters of LAC dated 3'"'^
November, 2014 and 9^*" December, 2014 as well as DDA's letter dated 9'^"
June, 2014, present writ petitions are allowed to the extent that the impugned possession memo dated 31'^ December, 2013 is quashed. It is clarified that any action taken in pursuance to the impugned possession memo shall also be deemed to have been set aside.
With the aforesaid observations, present writ petition and applications are disposed of lU
MANMOHAN, j JULY 06,2015 m
W.P.(C) 2928/2014, 2940/2014 Page 3of3
JUDGMENT