Delhi High Court
CM(M)/1403/2013 of UNION OF INDIA Vs THE ADDITIONAL DISTRICT JUDGE (SOUTH), DELHI, SAKET COURTS, on 30 December 2013
30.12.2013 Present: Mr.Sanjay Poddar, Sr.Advocate with Mr.SanjayKumarPathak and Mr.Govind Kumar, Advocates for Petitioner/UOI. None for the respondent. +CMNO.20766/2013 in CM TM) No.l390/2013, CM No.20767/2Q13 in CM (M) No.1391/2013, CM No.20768/2013 in CM (M) No.1392/2013, CM No.20769/2013 in CM
$-19 to 40
% 30.12.2013
Present:Mr.Sanjay Poddar, Sr.Advocatewith Mr.SanjayKumarPathakand Mr.Govind Kumar, Advocates for Petitioner/UOI.None for the respondent.
Allowed subject to just exceptions.
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1. As pleadedin the petitions the necessityto file the same is thepromulgation of 'The Right to Fair Compensation and Transparency inLand Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of2013)' stated to be effective from January 01, 2014.
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2. As vaguely pleaded in para 10 and as orally explained, the urgency tofile these petitions is that if compensation assessed is not paid or depositedthe proceedings under the Land Acquisition Act, 1894 lapse.
3. It is pleaded in paragraph 4 that the concerned Court is presentlyclosed during winter vacations and shall reopen on January 02, 2014.
4. Enclosed with the petitions as Annexure-2 are cheques drawn in thename of 'ADJ, Delhi'.
5. A meaningful reading of the petition would reveal that the intentmentis to tender the amounts on or before December 31, 2013.
6. The petitions stand disposed of recording that without prejudice to therights and contentions of the land holders the cheques tendered in bachpetition (being Annexure P-2) would be treated as a tender to the Court ofthe learned AdditionalDistrict Judge Delhi as of today i.e. December 30,2013.
7. The Registry is directed to remove the cheques annexed as Annexure2 and keep them in safe custody till reopening of the Court.On thereopening the cheques shall be sent to the Court of the concerned AdditionalDistrict Judge Delhi and for which the following tabular chart shall guide theRegistry DISTRICT;SOUTHCOURTOFLD.ADDITIONALDISTRICTJUDGE(SOUTH),SAKET COURTS, NEW DELHI
DISTRICT:SHAHDARACOURT OF LD. ADDITIONALDISTRICT JUDGE (SHAHDARA),KARKARDOOMACOURTS, DELHI
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DISTRICT:NORTH WESTCOURT OF LD. ADDITIONAL DISTRICT JUDGE (NORTH WEST),ROHINI COURTS, DELHI
DISTRICT:CENTRALCOURTOF ADDITIONALDISTRICTJUDGE(CENTRAL),TISHAZARI COURTS, DELHI
PRADEEP^^mAJOG,J.
DECEMBER 30, 2013