KHUSI RAM Vs. GOVT OF N C T

JUDGEMENT

(1.) Rule. With the consent of counsel for the parties the writ petition is taken up for final hearing.

(2.) Learned counsel for the petitioner seeks to withdraw the writ petition, however, he would like to raise a plea in the application under Section 48 of the Land Acquisition Act, 1894, that due to the fact that there has been long passage of time since notification under Section 4 of the Act was issued on 25.1.77, the Government may not be requiring this land any more. The writ petition is permitted to be withdrawn. However, the petitioner is permitted to make an application under Section 48 to the Lt. Governor incorporating inter alia the plea noted above. We direct the Lt. Governor to consider the application filed by the petitioner and dispose it of by a reasoned order in view of the peculiar circumstances of this case, after taking into account the law laid down in Special Land Acquisition Officer, Bombay and Ors v. M/s Godrej and Boyce (1988) 1 SCC 50 as well as in Dalpat Singh v. Lt. Governor of Delhi and Ors. 129 (2006) DLT 824 (DB), judgments cited by learned counsel for the parties. The learned counsel for the respondent has submitted that the hearing is not postulated under Section 48. The Lt. Governor or the Committee shall give a hearing, if considered necessary by him.

(3.) Interim order subsisting in favour of the petitioner shall continue up to three months from today and a period of two weeks after the communication of the said order under Section 48, through counsel. Copy of the representation made under Section 48 shall be handed over to learned counsel for the respondents during the course of the day. Writ petition stands disposed of accordingly.