W.P.(C)/6865/2014 of D.P. SHARMA Vs EAST DELHI MUNICIPAL CORPORATION & ORS.

Court: Delhi High Court
Decision date: 2014-12-02
Bench: SURESH KAIT SURESH KAIT
Case number: 6865/2014

Parties

D.P. SHARMA (PETITIONER)
EAST DELHI MUNICIPAL CORPORATION & ORS (RESPONDENT)

Cites (1)

CM(M)/1266/2017 of SADAQAT ALI MIRZA Vs EAST DELHI MUNICIPAL CORPPRATION OF DELHI & ANR (2017)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on 2[nd] 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.

W.P.(C) 6865/2014 Page 1 of 2

3. On the other hand, Ld. Counsel for respondent No.1 submits that 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 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.

DECEMBER 02, 2014

SURESH KAIT (JUDGE)

W.P.(C) 6865/2014 Page 2 of 2