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2013 Supreme(Del) 2186

S.RAVINDRA BHAT, NAJMI WAZIRI
Anup Kumar Kamal – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellant :Sh. Ashish Bhagat, Advocate.
For the Respondent:Sh. Sanjay Poddar, Sr. Advocate with Sh. Roshan Lal Goel, Advocate, for NDMC.
For the Respondent:Sh. Sunil Kumar, Advocate, for Resp. No.1.
For the Respondent:Ms. Rachna Srivastava, Advocate, for Resp. Nos. 2 , 3.

JUDGMENT :

S.Ravindra Bhat, J.;—

FACTS

1. In this petition under Article 226 of the Constitution of India, the petitioners, owners and in possession of the property situated in Model Basti Village Sidipura are aggrieved by the refusal and inaction of the respondents in making any orders towards release and de-notification of their lands (hereafter `suit lands’). The suit lands were notified for acquisition under the provisions of the Land Acquisition Act, 1894 (“the Act’).

2. The petitioners contend that they are in occupation of the suit lands, and that their properties exist since 1935. The Petitioners claim to have been living there since. By Notification dated 20.04.2010, the Government sought to acquire the suit land for construction of Grade Separator at Rani Jhansi Road, Delhi. Aggrieved by the notification, the Petitioners had sought to file a revised proposal to save their residential houses. The Petitioners’ challenge to the acquisition, through WP (C) No. 4663/2010 under Article 226 of the Constitution was unsuccessful; this Court on 23.11.2010 recorded that the petition was not pressed. The writ petition was permitted to be withdrawn; however the order recorded that the pet






























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