Charu Garg vs Uoi & Ors
2008 Latest Caselaw 1012 Del

                                                                            #17
*     IN THE HIGH COURT OF DELHI AT NEW DELHI


+                           W.P.(C) 4885/2008

%                                  DATE OF DECISION : 11th JULY, 2008

      CHARU GARG                                   ..... Petitioner
                            Through:   Mr. S. Chaturvedi, Advocate

                   versus


      UOI & ORS                                  ..... Respondents
                            Through: Mr. Chetan Chawla, Advocate for R-
                                       1/UOI
                                    Mr. S.P. Sharma, Advocate for R-3 & 5
                                    Mr. Renuka Aroar, Advocate for
                                    R-4/DSIDC

CORAM:

HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE MANMOHAN

1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the digest?


                            JUDGMENT

MUKUL MUDGAL, J: (ORAL)

W.P.(C) 4885/2008 & CMA No. 9389/2008 (Stay)

Rule DB.

With the consent of the parties, the matter is taken up for final

disposal.

The case set out in the present writ petition is based on the Industrial

Scheme for the Phase I and II of the Bawana Industrial Estate and

subsequent information derived by him under the Right to Information Act,

2005. According to this information Petitioner contends that for 549 plots

slated for Phase III, Respondents do not require such large area to be

acquired as is being done by in the present case.

Without admitting the aforesaid contention, the counsel for the

respondent states that the only legal recourse, if at all, which may be

available to the petitioner in view of 6(3) notification already having been

made and the said notification having not been challenged would be under

Section 48 of the Act. Accordingly, we are of the view that the issue sought

to be raised in this petition as noticed above can be raised by the petitioner

by way of a representation under Section 48 of Land Acquisition Act, 1894.

Accordingly, if the petitioner makes an appropriate representation enclosing

the site plan not later than 25th July, 2008, the said representation shall be

disposed of not later than 25th August, 2008.

Until the disposal of the representation and four weeks thereafter, the

Petitioner shall not be dispossessed from his land.

Accordingly, the writ petition and application stand disposed of.

MUKUL MUDGAL, J

MANMOHAN, J JULY 11, 2008 rb