INDER PAL Vs. UNION OF INDIA
HIGH COURT OF DELHI
UNION OF INDIA
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G.S.Sistani, J. -
(1.)C.M APPL 6587/2017 (impleadment)
This is an application filed by the applicants under Order 1 Rule 10 read with section 151 CPC for impleadment.
By way of this application, applicants claim 1/4th share each in the land in question. Prayer made in this application is not opposed. Mr. Rout, counsel for the petitioner submits that applicants should share the cost of litigations. Counsel for the applicants agrees to share reasonable and actual cost incurred in pursuing the matter.
Having regard to the fact that the prayer made in this application is not opposed, the application is allowed.
Let the applicants be impleaded as respondents no.4 and 5 to the present writ petition.
Amended memo of parties be filed.
Counter affidavit has not been filed by LAC. Mr.Jain, learned counsel for LAC has handed over the counter affidavit in Court, which is taken on record. Copy of the same has also been supplied to the counsels.
(2.)This is a petition under Article 226 of Constitution of India. The petitioner as well as respondents no.4 and 5 seek a declaration that the acquisition proceedings with respect to land of the petitioner and respondents no.4 and 5 admeasuring 3961 sq. yds. out of Khasra no.731, 732 &734, situated in the revenue estate of village Tuglakabad, Delhi, stand lapsed in view of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "2013 Act") as neither possession has been taken nor compensation has been paid to the petitioner and respondents no.4 and 5.
(3.)In this case, a notification under section 4 of Land Acquisition Act, 1894 ("the Act" in short) was issued on 10.11.1960 and a declaration under sections 6 of the Act was made on 04.01.1969. Thereafter, an award bearing no.66/86-87 was passed on 19.09.1986.
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