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$-40 HIGH COURT OF DELHI
W.P. (C) 9408/2015, CM APPL.22003/2015 & 15651/2017
SAMINA BEGUM & ORS Petitioners
Through: Mr. R.K. Saini with Mr. Varun Nagrath, Advocates.
$-40 HIGH COURT OF DELHI
W.P. (C) 9408/2015, CM APPL.22003/2015 & 15651/2017
SAMINA BEGUM & ORS Petitioners
Through: Mr. R.K. Saini with Mr. Varun Nagrath, Advocates.
VERSUS
GOVT. OF NCT OF DELHI & ANR Respondents
Through: Mr. Yeeshu Jain, Standing Counsel for
L&B/LAC with Ms. Jyoti Tyagi, Advocate.
Through: Mr. Yeeshu Jain, Standing Counsel for
L&B/LAC with Ms. Jyoti Tyagi, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE YOGESH KHANNA
25.04.2017 The petition is premised upon an assertion that the original owner was not tendered the compensation and that consequently
Section 24 (2) ofthe Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereafter referred to as Act of 2013) would apply; consequent direction that the acquisition has lapsed is sought.
The materials on record show that the suit lands was acquired after Notification under Section 4/6 of the Act of 2013 and the Award made on 27.06.2005, were in the names of original land owners. The writ petition is ostensibly in the name of not only the subsequent purchaser but others as well. The original land owner according to
HON'BLE MR. JUSTICE YOGESH KHANNA
25.04.2017 The petition is premised upon an assertion that the original owner was not tendered the compensation and that consequently
Section 24 (2) ofthe Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act, 2013
(hereafter referred to as Act of 2013) would apply; consequent direction that the acquisition has lapsed is sought.
The materials on record show that the suit lands was acquired after Notification under Section 4/6 of the Act of 2013 and the Award made on 27.06.2005, were in the names of original land owners. The writ petition is ostensibly in the name of not only the subsequent purchaser but others as well. The original land owner according to
W.P. (C) 9408/2015 Page I of2
2017:DHC:8138-DB b the record and according to the Award is Raman Bhandari. Though there is an averment that he was not handed over or tendered with the compensation, no such affidavit of such Raman Bhandari has been filed; the said party has not even supported this petition with the vakalatnama. The affidavit of the subsequent purchaser and others are on the record.
In these circumstances, the relief claimedcannotbe granted.
The writ petition is dismissed along with the pending applications.
S. RAVINDRA BHAT, J YOGESH KHANNA, J APRIL 25, 2017
IvikasI
2017:DHC:8138-DB b the record and according to the Award is Raman Bhandari. Though there is an averment that he was not handed over or tendered with the compensation, no such affidavit of such Raman Bhandari has been filed; the said party has not even supported this petition with the vakalatnama. The affidavit of the subsequent purchaser and others are on the record.
In these circumstances, the relief claimedcannotbe granted.
The writ petition is dismissed along with the pending applications.
S. RAVINDRA BHAT, J YOGESH KHANNA, J APRIL 25, 2017
IvikasI
W.P. (C) 9408/2015 Page! of2
2017:DHC:8138-DB
2017:DHC:8138-DB
JUDGMENT