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% 03.02.2010
Present: Mr.B.S.Mann with [vir.Jai Prakash, Advocates for the
Petitioners. jVlr.Sanjay Poddar, Advocate for LAC.
Ivis.Sangeeta Chandra, Advocate for DDA. ivis.iviamta Tandon, Advocate for |vir.Vivel< Tandon, counsel for Govt. of NCT of Delhi.
+ WP (C) N0.458/2QQ9
+ WP (C) No.10867/2009
+ WP (C) NO.11124/2Q09
* The land of the petitioners in these writ petitions was acquired under the Land Acquisition Act, 1894, but compensation has not been disbursed. The apparent reason for non disbursement of compensation is that the consolidation proceedings in Village Bamnoli, Sector-28, Dwarka, Delhi under the provisions of East Punjab Holdings (Consolidation and
Prevention of Fragmentation) Act, 1948 as extended to Delhi had taken place and those proceedings are stated to be under challenge before the Supreme Court in SLP No.6389/2004. In those proceedings, the order of remand was stayed. In terms of the Order passed on 22.12.2009 in W.P.(C) No.458/2009, the affidavit of Consolidation Officer, affirmed on 25.01.2010, has been filed in terms whereof the proceedings of consolidation are over and the land of the petitioners is not affected by consolidation proceedings and simultaneously the same have been consigned to record room.
2010:DHC:12940-DB
-y
No separate affidavits have been filed in the two remaining writ petitions, but learned counsel for Govt. of NCT of Delhi states that this affidavit of the Consolidation Officer should also be read qua the petitioners in WP (C) No.10867/2009 and WP (C)
No.11124/2009 and she has instructions in this regard.
Learned counsel for R-l/LAC states that the compensation along with interest has been deposited in this Court and the same can now be released to the petitioners. However, on a perusal of the office report, it appears that though cheques have been deposited in W.P.(C) No.458/2009 and W.P.(C) No.10867/2009, no cheque appears to have been deposited in W.P.(C)
No.11124/2009.
In view of the statements made as aforesaid and in view of the joint request made by learned counsel for the parties, it is directed as under: i) The amount deposited in the Court be released to LAC, South-West as the deposit amount is inclusive of TDS f: and the said amount be accordingly released by the
Registry. ii) On the said amount being released to the LAC, South-
West, the amount of compensation less TDS be paid to the petitioners within one week on their furnishing requisite documents.
L
Present: Mr.B.S.Mann with [vir.Jai Prakash, Advocates for the
Petitioners. jVlr.Sanjay Poddar, Advocate for LAC.
Ivis.Sangeeta Chandra, Advocate for DDA. ivis.iviamta Tandon, Advocate for |vir.Vivel< Tandon, counsel for Govt. of NCT of Delhi.
+ WP (C) N0.458/2QQ9
+ WP (C) No.10867/2009
+ WP (C) NO.11124/2Q09
* The land of the petitioners in these writ petitions was acquired under the Land Acquisition Act, 1894, but compensation has not been disbursed. The apparent reason for non disbursement of compensation is that the consolidation proceedings in Village Bamnoli, Sector-28, Dwarka, Delhi under the provisions of East Punjab Holdings (Consolidation and
Prevention of Fragmentation) Act, 1948 as extended to Delhi had taken place and those proceedings are stated to be under challenge before the Supreme Court in SLP No.6389/2004. In those proceedings, the order of remand was stayed. In terms of the Order passed on 22.12.2009 in W.P.(C) No.458/2009, the affidavit of Consolidation Officer, affirmed on 25.01.2010, has been filed in terms whereof the proceedings of consolidation are over and the land of the petitioners is not affected by consolidation proceedings and simultaneously the same have been consigned to record room.
2010:DHC:12940-DB
-y
No separate affidavits have been filed in the two remaining writ petitions, but learned counsel for Govt. of NCT of Delhi states that this affidavit of the Consolidation Officer should also be read qua the petitioners in WP (C) No.10867/2009 and WP (C)
No.11124/2009 and she has instructions in this regard.
Learned counsel for R-l/LAC states that the compensation along with interest has been deposited in this Court and the same can now be released to the petitioners. However, on a perusal of the office report, it appears that though cheques have been deposited in W.P.(C) No.458/2009 and W.P.(C) No.10867/2009, no cheque appears to have been deposited in W.P.(C)
No.11124/2009.
In view of the statements made as aforesaid and in view of the joint request made by learned counsel for the parties, it is directed as under: i) The amount deposited in the Court be released to LAC, South-West as the deposit amount is inclusive of TDS f: and the said amount be accordingly released by the
Registry. ii) On the said amount being released to the LAC, South-
West, the amount of compensation less TDS be paid to the petitioners within one week on their furnishing requisite documents.
L
iii) The TDS amount be accordingly deposited in accordance with law and TDS certificates issued to the petitioners.
The petitions stand disposed of.
Dasti to learned counsel for the parties under the signatures of the Court Master.
FEBRUARY 03, 2010 dm
SANJAY KISHAN'KAUL, J.
^
VEENA BIRBAL, J.
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The petitions stand disposed of.
Dasti to learned counsel for the parties under the signatures of the Court Master.
FEBRUARY 03, 2010 dm
SANJAY KISHAN'KAUL, J.
^
VEENA BIRBAL, J.
Te^bJjCb-h cdKto^ ^ 3'-2-
- Ru k
CJ^ 57-3^;^ -
>0/ a
JUDGMENT