CM(M)/1081/2017 of MAHENDER KUMAR Vs UNION OF INDIA & ORS
Parties
- MAHENDRA KUMAR (PETITIONER)
- UNION OF INDIA & ORS (RESPONDENT)
Statutes cited (2)
- constitution of india, article-226 (1950)
- constitution of india (1950)
Full text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1081/2017
MAHENDRA KUMAR
..... Petitioner
Through: Mr. N.S. Vasisht, Mr. Vishal Singh and Ms. Jyoti Kataria Bajaj, Advs.
Versus
UNION OF INDIA & ORS
..... Respondents
Through: Mr. Yeeshu Jain, Adv. for R-1/UOI. Ms. Sarita Panda and Ms. Mrinaline Sen Gupta, Advs. for DDA.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R R% 25.09.2017
CM No.35382/2017 (for exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
CM(M) 1081/2017 & CM No.35381/2017 (for stay)
3. This petition under Article 227 of the Constitution of India impugns the order (dated 26[th] July, 2017 in Ex. Case No.9880/2016 of the Court of Additional District Judge (ADJ)-1 (South-East), Saket Courts, New Delhi) and seeks direction to the respondents No.1&2 Land Acquisition Collector, Mehrauli-Badarpur Road, Saket, New Delhi and Delhi Development Authority to make payment of the admitted decretal land acquisition award amount to the petitioner and respondents No.3 to 6.
4. The counsels for the respondents No.1 & 2 appear on advance notice. CM(M) 1081/2017 Page 1 of 2
5. The learned ADJ, vide the impugned order, on receipt of report of the Nazir and after giving opportunity to the party to inspect and take steps, if any, has posted the matter for further proceedings on 11[th] October, 2017.
6. The counsel for the petitioner states that the amount due is admitted, but still payment is not made. It is stated that the money is still not deposited with the Court till date.
7. If that is so, it is open to the petitioner to seek execution by attachment and sale of the properties of the respondents No.1&2.
8. The counsel for the petitioner expresses urgency.
9. It will be open to the petitioner to make such request before the Executing Court and I am confident that the Executing Court will respond appropriately.
With the aforesaid, the petition is disposed of.
No costs.
SEPTEMBER 25, 2017
RAJIV SAHAI ENDLAW, J.
CM(M) 1081/2017