Banwari Lal Sharma vs The Land Acquisition Collector ...
2015 Latest Caselaw 5736 Del

$~30
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 7413/2015
       BANWARI LAL SHARMA                                   ..... Petitioner
                          Through: Mr. P.S. Bindra, Advocate

                          versus

       THE LAND ACQUISITION COLLECTOR
       AND ANR.                                   ..... Respondents
                    Through: Ms. Jyoti Tyagi for Mr. Yeeshu Jain,
                    Advocates for R-1
                    Mr. Devesh Singh, ASC for R-2

       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
                    ORDER

% 07.08.2015 CM No.13668/2015 (Exemption)

1. Allowed subject to just exceptions.

W.P.(C) 7413/2015

2. Issue notice to the respondents.

3. Ms. Tyagi accepts notice on behalf of respondent no.1, while Mr. Singh accepts notice on behalf of respondent no.2.

4. In view of the directions that I intend to pass, for the moment, no counter affidavit is required as it is the submission of the learned counsel for the respondents that appropriate directions can be issued in the writ petition qua respondent no.1.

5. The limited grievance of the petitioner is that despite a W.P.(C) 7413/2015 page 1 of 2 judgment of the Division Bench of this court dated 13.07.2015, passed in WP (C) 2973/2015, the respondents have not granted a NOC, whereby permission is sought to sell the subject land.

6. It is not disputed by Mr. Bindra that a representation dated 03.08.2015 has been submitted to respondent no.1 i.e. Land Acquisition Collector (South) in this behalf. With the said representation, amongst other orders, the judgment of the Division Bench, to which I have made a reference above, has also been appended.

7. In these circumstances, the writ petition is disposed of with a direction to respondent no.1 to dispose of the representation dated 03.08.2015 having due regard to the judgment of the Division Bench, adverted to above, amongst other aspects of the matter.

8. Respondent no.1 will do the needful within the next two weeks.

9. List for compliance on 08.09.2015.

                                            RAJIV SHAKDHER, J
AUGUST 07, 2015
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W.P.(C) 7413/2015                                 page 2 of 2