LAWS(DLH)-2007-9-213

BAIJNATH AGGARWAL DHARMARTH Vs. LT GOVERNOR

Decided On September 18, 2007
BAIJNATH AGGARWAL DHARMARTH Appellant
V/S
LT.GOVERNOR Respondents

JUDGEMENT

(1.) Aggrieved of a notification under Section 4 read with Section 17 and a declaration under Section 6 of the Land Acquisition Act, 1894, the petitioner filed writ petition (C)No.6384/2000 in this Court. During the pendency of the said petition, the petitioner appears to have moved an application before the Lt. Governor seeking denotification of the land sought to be acquired. When the filing of the said application was brought to the notice of the Court, it passed an order on 4.7.2006 to the following effect:

(2.) Pursuant to the above direction the prayer for denotification of the land appears to have been examined by the respondents on the basis of an inspection conducted by the competent authority and declined in terms of an order dated 21.10.2006. The relevant portion of the order refusing to denotify the land reads as under:

(3.) Writ petition (C) No.6384/2000 was eventually heard by a Division Bench of this Court on 22.8.2006 and dismissed holding that since the request for denotification had been declined, the petition no longer survived for consideration. Liberty was, however, given to the petitioner to seek redress in appropriate proceedings against the order refusing to denotify the land in question. That is precisely the backdrop in which the petitioner filed the present writ petition challenging the order passed by the respondents whereby the prayer for denotification of the land in question was rejected.