D.P. Sharma vs East Delhi Municipal Corporation ...
2014 Latest Caselaw 6384 Del

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                    Judgment delivered on 2nd December, 2014

+                                  W.P.(C) 6865/2014
       D.P. SHARMA                                       ..... Petitioner
                            Represented by:   Mr.Subodh Kumar Pathak and
                                              Mr.Rohit Aggarwal, Advs.
                  versus
    EAST DELHI MUNICIPAL CORPORATION
    & ORS.                                    ..... Respondents
                  Represented by: Ms.Puneet Lamba, Adv. for
                                  R-1.
                                  Mr.Abhay Prakashy Sahay,
                                  CGSC with Mr. Amit Kishore
                                  Sinha, Adv. for R-2.
                                  Mr. Yeeshu Jain and Ms.Jyoti
                                  Tyagi, Adv. for R-4 and R-5.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

SURESH KAIT, J. (ORAL)

1. Vide the present petition the petitioner seeks directions whereby directing the respondents to conclude acquisition proceedings with regard to plot No. 21-A, East Azad Nagar situated in 688/152-165/2 measuring 15 biswa in village Ghondli, Delhi.

2. Learned counsel appearing on behalf of the petitioner submits that as per Sections 197/198 of Delhi Municipal Corporation Act, 1957, the Corporation has power to acquire and hold movable and immovable property, and the Corporation is not required to wait for the proceedings of respondent Nos. 2 to 5.

3. On the other hand, Ld. Counsel for respondent No.1 submits that a Committee, for deciding the terms and conditions of the agreement for acquisition of aforesaid land, has been constituted. Accordingly, the Committee will prepare agreement with terms and conditions considering the following points:

"1. Visit and discussion with SDM (revenue) Office.

2. In depth study of acquisition Act.

3.If required, the committee may hire a suitable standing counsel for legal consultation.

4.Financial aspect.

5. Preamble preparation.

6. Any other items as deemed fit."

4. Learned counsel for respondent No.1 submits that this process will take four months to complete the proceedings.

5. Keeping in view the circular dated 28.11.2014 whereby the Committee has been constituted and the statement made by counsel for respondent No.1, the respondent No.1 is directed to complete the acquisition proceedings within four months from today.

6. In view of the above terms, the petition is allowed with no order as to

costs.

SURESH KAIT (JUDGE) DECEMBER 02, 2014 mr/jg