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2025 DAILYLAW 22507 (DEL)

SHRI SANJAR FAZAL ALAM AND ORS v. UNION OF INDIA

W.P.(C)/15127/2022 · 2025-01-21

Anoop Kumar Mendiratta, Chandra Dhari Singh

Writ Petition (Civil)body2025

Judgment text

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$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 15127/2022 SHRI SANJAR FAZAL ALAM AND ORS .....Petitioners Through: Mr. S. K. Rout, Ms. Dimple Dhamija, Mr. Aman Mehrotra and Mr. Rahul Kumar, Advocates versus UNION OF INDIA .....Respondent Through: Mr. Sanjay Kumar Pathak, SC with Ms. K. K. Kiran Pathak, Mr. Sunil Kumar Jha and Mr. Sami Sameer Siddique, Advocates for UOI/LAC CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 21.01.2025 1. The instant petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the following reliefs: “a) It is respectfully prayed that the amount of compensation be paid to petitioners or the reference under section 30-31 of LA Act be forwarded for adjudication of any title Dispute. b) Such other appropriate Writ, order or directions as this Hon'ble Court, in the facts and circumstances of the case, may deem fit and proper be issued in favour of the petitioners.” 2. After some length of arguments, learned counsel for the petitioners seeks an innocuous prayer to file appropriate application for forwarding the reference under Sections 30-31 of the Land Acquisition Act, 1894 (hereinafter “the Act”), along with the copy of the instant petition to the concerned learned Additional District Judge (hereinafter “ADJ”) after This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:09:12 verification of the requisite documents as the petitioners have been seeking the compensation amount since 2015. 3. Mr. Sanjay Kumar Pathak, learned Standing Counsel appearing on behalf of the respondent has no objection to the innocuous prayer made by the learned counsel for the petitioners. 4. Heard learned counsel for the parties and perused the record. 5. After perusal of the record, contentions made in the petition as well as the innocuous prayer made on behalf of the petitioners and no objection given by learned Standing Counsel for the respondent, this Court is inclined to allow the innocuous prayer made on behalf of the petitioners. 6. Accordingly, the petitioners are directed to move an appropriate application along with the copy of the instant petition as well as the certified copy of this order before the concerned learned ADJ within two weeks for the purpose of forwarding the reference under Section 30-31 of the Act. After receiving the same, the concerned learned ADJ is directed to refer the said reference, if any, under Section 30-31 of the Act and dispose of the same after verifying the requisite documents pertaining to the land in question and pass a speaking and reasoned order in accordance with law expeditiously, preferably within eight weeks. 7. With the aforesaid directions, the instant petition is disposed of along with pending applications, if any. CHANDRA DHARI SINGH, J ANOOP KUMAR MENDIRATTA, J JANUARY 21, 2025gs/mk Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:09:12