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2008 Supreme(Del) 154

T.S.THAKUR, VEENA BIRBAL
RAJBIR SOLANKI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared
Through : Mr. Ravinder Sethi, Sr. Adv. with Mr. Pushkar Sood, Anshuman Sood, Adv.
Through : Mr. S.P. Sharma, Adv. for UOI
Mr. Sanjay Poddar, Adv. for LAC
Ms. Anusuly Salwan, Adv for DSIDC

Judgment

T.S. THAKUR, J.

Ten years after the issue of a preliminary notification and a declaration under Section 6 and eight years after the taking over of the possession and making of the award, the petitioners have assailed the validity of the acquisition proceedings in relation to a parcel of land measuring 3 bigha and 16 biswas in Khasra No. 21/24/1 and 1 bigha in Khasra No. 22/4/2 of Village Baprola within NCT of Delhi. A communication dated 7th April, 2003 rejecting the petitioners request for de-notification of the land in terms of Section 48 of the Act has also been assailed with a prayer for a writ of mandamus directing the de-notification Committee to reconsider the application and to de-notify the land in question. The challenge to the acquisition proceedings is on the face of it barred by unexplained delay and laches, but before we elaborate on that aspect, we need to set out a few facts relevant to the present controversy.

2. The petitioners claim to be joint owners of the land in dispute which was notified under Section 4 read with 17(1) and (4) of the Land Acquisition Act for public purpose of development of a Growth Centre at Village Bakrola in terms of a notificatio













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