KRISHAN COLONY WELFARE ASSOCIATION v. UNION OF INDIA

Delhi High Court · 30 May 2016 · 2016:DHC:4524-DB
Badar Durrez Ahmed; Sanjeev Sachdeva
W.P.(C) 5921/2015
2016:DHC:4524-DB
property appeal_allowed Significant

AI Summary

The Delhi High Court quashed the land acquisition declaration and held the acquisition notification lapsed for the petitioners' lands, relying on prior binding precedent.

Full Text
Translation output
WP(C) 5921/2015
HIGH COURT OF DELHI
JUDGMENT
delivered on: 30.05.2016
W.P.(C) 5921/2015 & CM No.10723/2015
KRISHAN COLONY WELFARE ASSOCIATION (REGD.) ..... Petitioner
versus
UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner : Mr Rajesh Gupta & Mr. M.C. Verma, Advocates
For the Respondents : Mr Vivek Goyal, CGSC and Mr Prabhakar Srivastava, Advocates for
UOI
Mr Yeeshu Jain, Ms Jyoti Tyagi and Mr Anshuman Nayak for
L&B/LAC Mr Jayendra, Advocate for DDA
CORAM:
HON'BLE MR JUSTICE BADAR DURREZ AHMED
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
BADAR DURREZ AHMED, J (ORAL)

1. We have heard the learned counsel for the parties. We are satisfied that the petitioners in these writ petitions were before this Court in the earlier round as also before the Supreme Court, either in their own name or represented through their predecessor-in-interest. As a result, the case of the petitioners is entirely covered 2016:DHC:4524-DB WP(C) 5921/2015 by the decision of this Court in Sunil Goel & Ors v. The State & Ors, W.P.(C) No.3049/2013, decided on 29.4.2014, along with other connected matters.

2. Consequently, the declaration dated 20.03.2013 being F.10(29)/96/L&B/LA/1959[9] under Section 6 of the Land Acquisition Act, 1894 is quashed insofar as the petitioners are concerned. As a result, the notification dated 27.10.1999 being Notification No. F.10(29)/96/L&B/LA/11394 issued under Section 4 of the said Act, insofar as the petitioners’ lands are concerned, would be regarded as having lapsed. The writ petitions are allowed as above. There shall be no orders as to costs.

BADAR DURREZ AHMED, J SANJEEV SACHDEVA, J MAY 30, 2016 rs