Diwan Singh v. Govt. of NCT of Delhi & Ors

SANJIV KHANNA, J

NOVEMBER 18, 2010

MANMOHAN, J Kapil/dk

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 01, 2010 % Judgment Pronounced on: November 18, 2010 + WP (C) No. 9103 of 2009 Dewan Singh ..... Petitioner Through: Mr.I.S. Dahiya, Mr. Naresh Mann, Advs. versus Government of NCT of Delhi and others ..... Respondents Through: Mr. Sanjay Poddar, Adv. for R-1 & R-2. Mr. Sanjay Jain, Sr. Adv. with Mr.Digvijay Rai, Mr. Sarfaraz Ahmad and Ms. Ruchi Jain Advs. for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE MANMOHAN 1. Whether reporters of the local papers be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ The petitioner invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issue of a writ of mandamus commanding the respondents to pay to the petitioner the compensation of the acquired land situate in khasra Nos. 1232/3(0-9), 1242 admeasuring 248 square yards, 1242 admeasuring 640 square yards and 1243 admeasuring 331 square yards to the extent of the share belonging to him and the structures which were standing thereon in the revenue estate of village Nangal Dewat, Delhi as the same had been awarded by the Land Acquisition Officer, the respondent No.2 herein, by award No.16 of 1986- 87 along with interest @ 15% per annum for the delayed period. 2. The essential facts which are required to be exposited are that a large tract of land including 287 bighas and 9 biswas of land where the abadi was located was sought to be acquired in village Nangal Dewat for the purpose of expansion of the airport. The owners whose structures were on the abadi land challenged the acquisition proceeding. The Airport Authority of India (in short "AAI") decided to settle the matter with the persons in the abadi area by formulating a special scheme for them for allotment of developed land in Rangpuri. This statement was recorded in the order dated 2nd August, 2001 in Civil Writ No. 481/1982. There was some delay in development of the land in Rangpuri and the occupants of the abadi land did not want to shift until sufficient time was available with them to construct on the Rangpuri property as they were required to shift their houses. The question of extension of time arose in a writ petition and eventually an order came to be passed on 10th July, 2007 in LPA No. 441/2007 [Ballu Singh and others v. Delhi Development Authority and others] and other connected appeals whereby the directions were issued with regard to period of completion of construction on plots and shifting of the people staying on the abadi land. In the said order, observations were made to the effect that the owners of the abadi land were in addition to the alternative plots being provided at Rangpuri, entitled to receive compensation in lieu of the land in accordance with the provisions of the Land Acquisition Act, 1894 (for brevity "the Act"). 3. It was contended by the respondents before the writ court that the amount of compensation for acquisition of land in village Nangal Dewat had been deposited with the Land Acquisition Collector before the order dated 2nd August, 2001 was passed in CW No.481/1982 for formulation of the scheme for grant of alternative plots in lieu of compensation. In essence, the abadi people could not have both, plots as well as the compensation as developed plots free of costs have been handed over and the area earmarked for the abadi people were almost the same as the total area from where they were displaced. 4. The Division Bench in the reference order dated 10th February, 2010 has referred to Section 31(3) of the Act and posed the question whether the abadi occupants can get both alternative land and compensation as developed plots free of costs have been handed over and the area earmarked for the abadi people is almost the same as the total area from where they were displaced in view of Section 31(3)