Full Text
CM.No. 5123/2008 (for taking additional affidavit on record)
M/S GOVIND SAHAI ANIL KUMAR Appellant
Through Mr. Sanjeev Kumar Dubey, Advocate.
Through Ms. Manisha Dhir, Ms. Priya Singh and
Ms. Mithu, Advocates for UOI.
Mr. Sanjay Kumar Pathak, Advocate for R- 2. 3 and 4.
Mr. Ashwani Kumar, Advocate for DDA.
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
07.05.2012
ORDER
1. The petition impugns the Notifications dated 23"^ Januaiy, 1965 and 26^'' December, 1968 under Sections 4 and 6 respectively of the 1-and Acquisition Act as also the proceedings in pursuance thereto, with respect to the land admeasui'ing 3 bighas and 12 biswas in Khasra No. 386/76 of Village Masoodpur. The petition alternatively seeks the relief ofdii'ecting the respondent to decide the representation dated 4^'' April, 2007 of the petitioner for release and de-notification ofthe said land from acquisition. WP(C) No. 2660/2007 ^ 2012:DHC:10483-DB /• •\
I. 2., The petitioners contend that the land aforesaid is still in their possession, though as per the respondents possession thereofwas taken over f. on 29"^ December, 1980.
3. The petitioners in the year 1972 i.e. after the acquisition notifications aforesaid had sought pemiission fi'om GNCTD to iim apetrol pump on the said land as an authorized dealer of the Indian Oil Company and which permission was granted by the Distiict Magistrate on 7 October, 1972. The representation under Section 48(1) ofthe Land Acquisition Act for de- (H notification of the said land fi'om acquisition is made on the plea that the petitioner has been ranning apeti'ol pump thereon.
4. It is however the stand of the counsel for the respondents that the peti'ol pump is lying closed for the last two and a halfyeai's.
5. As fai- as the challenge to the acquisition is concerned, we do not find <1^ anymerittherein and the counsel for the petitioner alsohasurged the aspect only ofconsideration ofthe representation for release fi'om acquisition.
6. We thus dispose of this petition with the dii'ection to the Lieutenant Governor to, within two months hereof and with reference to the Master Plan etc., pass an order on the representation ofthe petitioner under Section WP(C) No. 2660/2007 Page 2 of[3] Vv.' b r 48(1) of the Act. Till that time, status quo in respect of the land be maintained. This status quo would also mean that if there isno petiol pump being mn on the said land, the petitioner shall not start operatmg pefrol pump hereafter. MAY 0% 2012 'M.' 'IM'/C) Na. Z6&Q/2007 ACTING CHIEF JUSTICE RAJIV SAHAIENDLAW, J.Page 3;o/T