Sh. Ashwal Vaderaa vs Delhi Development Authority & ...
2015 Latest Caselaw 5051 Del

$~41
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 3055/2015
       SH ASHWAL VADERAA                        ..... Petitioner
                   Through: Ms Anju Bhattacharya & Mr Elgin Matt
                   John, Advs.
                          versus
       DELHI DEVELOPMENT AUTHORITY & ANR ..... Respondents
                      Through: Mr Sanjeev Sabharwal, Adv. for R-1.
                      Mr Prayabrat Sahu, Adv. for Mr Siddharth Panda,
                      Adv. for R-2.
       CORAM:
       HON'BLE MR. JUSTICE RAJIV SHAKDHER
                ORDER

% 15.07.2015

1. The relief sought in this writ petition is predicated on the judgement of the Division Bench of this court dated 30.07.2014 passed in the petitioner's case. In short, vide the judgement dated 30.07.2014, the Division Bench stated that the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short 2013 Act) have been triggered. Consequently, the Division Bench came to the conclusion that the acquisition proceedings had lapsed.

2. I am informed by Mr Sabharwal, learned counsel for respondent no.1, that a SLP has been filed against the said judgement. Mr Sabharwal, further informs me that the SLP is coming up for hearing on 14.10.2015.

3. Ms Bhattacharya, who appears for the petitioner, also affirms the said position. Ms Bhattacharya says that there is no stay of the judgement.

4. It is not disputed before me by Mr Sabharwal that the physical possession is with DDA. This possession, though, was taken by the DDA in violation of a status quo order dated 24.03.1994 passed in an earlier writ. The said writ petition was numbered as WP(C) No. 1398/1994. This aspect has been mentioned in the judgement dated 30.07.2014; which being a subsequent action was numbered as : WP(C) 1897/2014.

5. Therefore, counsels for the parties before me are agreed that the present writ petition can be disposed of with a direction that in case the respondents were to fail in their SLP/appeal, they will abide by the final orders of the Supreme Court. It is ordered accordingly.

6. The petition, is accordingly, disposed of.

RAJIV SHAKDHER, J JULY 15, 2015 kk