IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT. LPA No.658 of 2011 & CM No /2011 VERSUS

Similar documents
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT, Date of decision: WP(C) No. 3595/2011 and CM Nos.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPANIES ACT W.P.(C) No.1098 of 2012 Reserved on: February 24, Pronounced on: April 20, 2012

$~9. * IN THE HIGH COURT OF DELHI AT NEW DELHI. % RSA 228/2015 and C.M. No.12883/2015. versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ALLOTMENT MATTER Date of decision: 17th January, 2013 W.P.(C) 2730/2003 & CM No.4607/2013 (for stay)

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1519/2003. versus. % Date of Decision: 14 th March, 2016 CORAM: HON'BLE MR.

1) LPA 561/2010. versus 2) LPA 562/2010. versus 3) LPA 563/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CHANGE OF LAND USE MATTER Date of Decision: W.P.(C) 5180/2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI L. P. A. No. 511 of 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE Date of Judgment: FAO (OS) 298/2010

*IN THE HIGH COURT OF DELHI AT NEW DELHI. Versus. 2. To be referred to the reporter or not? No

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 901/2016 VISIBLE MEDIA THROUGH: MR. SAMEER

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : RECRUITMENT MATTER. W.P.(C) No. 8347/2010. Date of Decision: Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR RECOVERY Date of decision: 17th July, 2013 RFA 383/2012. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, Date of decision: 8th February, 2012

Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Gurpreet Singh, Mr. Nitish Jain & Mr. Jatin Sethi, Advs. Versus

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:11 th December, Through: Mr Rajat Aneja, Advocate. Versus AND. CM (M)No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : APPOINTMENT MATTER Date of decision: 11th July, 2012 W.P.(C) No.1343/1998.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL Nos OF 2017 (ARISING OUT OF SLP (CIVIL) Nos.

*IN THE HIGH COURT OF DELHI AT NEW DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment pronounced on: 20 th April, versus. Advocates who appeared in this case:

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5661/2015, C.M. No /2015, C.M. No /2017 & C.M. No. 2777/2018.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI WATER BOARD ACT, Date of decision: 4th February, 2011.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SOCIETIES REGISTRATION ACT Date of decision: 10th January, 2012 LPA No.18/2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P.(C) 3694/2010 & CM No.7394/2010 (for interim relief) Versus

IN THE GAUHATI HIGH COURT

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision:1 st December, 2009 M/S ANSAL PROPERTIES & INFRASTRUCTURE. Versus

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgement delivered on: 12 th January, W.P.(C) 7068/2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI. Mr. Vivek Madhok & Mr. J.P. Gupta, Advocates. Versus MEDICAL COUNCIL OF INDIA & ANR.

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 29 th March, LPA No.777/2010

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : THE ARCHITECTS ACT, 1972 Date of decision: 4th January, 2012 WP(C) NO.8653/2008

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7262/2014

DELHI DEVELOPMENT AUTHORITY & ANR... Defendants Through: Mr. Pawan Mathur, Advocate. CS(OS) 1442/2004 & I.A.7528/2013 (of defendant u/o 7 R-11 CPC)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 353 OF 2017 (ARISING OUT OF SLP (C) NO OF 2015) VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION. CM No of 2005 in W.P. (C) No of 1987

HIGH COURT OF DELHI AT NEW DELHI. No. 41/Rules/DHC Dated : PRACTICE DIRECTIONS

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

*IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO NO.82/1996. % Date of decision: 12 th January, Versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: WP(C) No. 416 of 2011 and CM Nos /2011. Versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: WP(C) 687/2015 and CM No.1222/2015 VERSUS

*IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P.(C) No.2037/1992 & CM No.3935/1992 (for interim relief). Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No. 1025/2009 in C.S.(OS) 2781/1999

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATTER. Judgment delivered on: WP (C) 4642/2008

Through: Ms. Amrit Kaur Oberai with Mr. Aman Singh, Advs. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Writ Petition (Civil) No of Judgment reserved on : November 05, 2008

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 15 th January, W.P.(C) No.3687/1995

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO OF 2018 VERSUS

IN THE HIGH COURT OF DELHI AT NEW DELHI. W.P.(C) No.3245/2002 and CM No.11982/06, 761/07. Date of Decision: 6th August, 2008.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN COMPANIES ACT, 1956 Date of Judgment: W.P.(C) 8432/2011

THE SPECIAL LAND ACQUISITION OFFICER, KIADB, MYSORE & ANR. Vs. ANASUYA. ANASUYA BAI (D) BY LRs. & ORS.

*IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of decision: 16 th February, Versus

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE VINEET SARAN AND THE HON BLE MRS.JUSTICE S SUJATHA

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment delivered on: December 11, 2014

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PARTITION. Judgment pronounced on: I.A. No.4998/2012 in CS(OS) No.

M/S. Iritech Inc vs The Controller Of Patents on 20 April, % Judgment pronounced on: 20th April, 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE RSA No.64/2011 DATE OF DECISION : 31st January, 2014

order imposes the following restrictions on the petitioner:-

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6105/2011. % SADHNA BHARDWAJ.. Petitioner Through: Mr. Dipak Bhattarcharya, Adv.

II (2013) CPJ 10A (NC) (CN) NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI Hon ble Mr. Justice V.B. Gupta, Presiding Member PARMOD KUMAR

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT DECIDED ON: W.P. (C) 4439/2013

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION. Date of Decision: W.P.(C) 7097/2010

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. Crl.M.C. 638/2009 & Crl.M.A.2384/09 (stay) Date of reserve:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT: SUIT FOR POSSESSION Reserved on: 17th July, 2012 Pronounced on 3rd August, 2012 W.P. (C) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION & CONCILIATION ACT, 1996 Date of decision: 29th April, 2013 LPA No.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + W.P.(C) 4784/2014 and CM No.9529/2014 (Stay)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ADMINISTRATIVE TRIBUNALS ACT, 1985 Date of decision: 15th February, 2012 W.P.(C) No.

BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH BHOPAL. Original Application No. 129/2013 (CZ)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT W.P.(C) 7933/2010. Date of Decision : 16th February, 2012.

IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of Judgment: RSA No.53/2011 & CM. Nos /2011. Versus

Act, with the objective to serve as a post-graduate school for advanced. teaching and research in Economics and allied subjects and to admit students

CDJ 2010 SC 546 JUSTICE CYRIAC JOSEPH

*IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : DELHI LAND REFORMS ACT, 1954 Date of Reserve : Date of Decision :

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ELECTRICITY ACT, 2003 Date of decision: 19th April, 2011 W.P.(C) 8647/2007

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ARBITRATION & CONCILIATION ACT. Date of decision: 8th March, 2013 EFA(OS) 34/2012

IN THE HIGH COURT OF DELHI AT NEW DELHI COMPANY JURISDICTION COMPANY PETITION NO. 406 OF 2009

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SERVICE MATTER. Reserved on: Date of decision:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI. Application No.53 of 2016 (SZ) & M.A. No. 55 of 2016

SURAJ BHAN THR GPA HOLDER & ORS... Appellants Through Mr. Naresh Kaushik, Mr. Vardhman Kaushik, Advocates

* IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of Decision: 11 th March, 2010

.. IN HIGH COURT OF DELHI:AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. I.A. No /2006 in C.S.(OS) No.795/2004

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR PERPETUAL, MANDATORY INJUNCTION. Date of Judgment: CM(M) No.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT :MOTOR ACCIDENT CLAIMS TRIBUNAL Date of Decision: 19th November, 2012 MAC. APP.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. RFA No. 581/2003. DATE OF DECISION : 13th March, 2012

IN THE HIGH COURT OF JHARKHAND AT RANCHI

+ W.P.(C) 7127/2015, CM APPL. No /2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI REHABILITATION MINISTRY EMPLOYEES CO-OPERATIVE. versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Dated of Reserve: July 21, Date of Order : September 05, 2008

WITH CIVIL APPEAL NO.1692 OF 2016 (Arising Out of SLP (C) No of 2012) WITH CIVIL APPEAL NO.1693 OF 2016 (Arising Out of SLP (C) No.

W.P.(C) No.5740 of 2001 P R E S E N T HON BLE MR. JUSTICE NARENDRA NATH TIWARI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : COMPETITION ACT, 2002 Date of decision: 2ndJuly, 2014 LPA No.390/2014

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2019

CIVIL APPEAL NO OF 2018 (Arising out of SLP(C) No of 2016) MOHD. SAHID AND OTHERS.Appellants VERSUS J U D G M E N T

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4 TH DAY OF AUGUST, 2015 BEFORE THE HON BLE MR. JUSTICE K.N.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT :CODE OF CIVIL PROCEDURE. FAO (OS) No.178/2008. Judgment Reserved on : 30th September, 2008

Transcription:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT & CM No. 1509/2011 Reserved on: 12 th December, 2011. Pronounced On: 7 th March, 2012. GOVT. OF NCT OF DELHI Through: Mr. Arun Birbal, Advocate.... APPELLANT VERSUS JAGDISH SINGH RESPONDENT Through: Mr. S.K. Rungta, Sr. Advocate with Mr. Prashant Singh and Ms. Neha Tanwar, Advocates. CORAM :- HON BLE THE ACTING CHIEF JUSTICE HON BLE MR. JUSTICE RAJIV SAHAI ENDLAW A.K. SIKRI, Acting Chief Justice 1. Vide impugned judgment dated 23.2.2011 rendered by the learned Single Judge in writ petition filed by the respondent herein, the petition has been allowed setting aside the decision of the Committee on allotment of alternative plots dated 31..1999 rejecting the respondent s claim for an alternative plot with direction to consider the case afresh in the light of the observations made by the learned Single Judge. Page 1 of

That order is in challenge in the present intra-court appeal. The factual matrix leading to the present appeal is as under: The Delhi Development Authority (hereinafter referred to as DDA ) had framed a scheme for allotment of alternative plots for those persons whose lands were acquired. This scheme is dated 02.5.1961 (hereinafter referred to as 1961 Scheme ). The 1961 Scheme inter alia contemplated that land may be allotted at pre-determined rates, viz., at the cost of acquisition and development plus the additional charges mentioned in the scheme, to individuals whose land has been acquired as a result of the Chief Commissioner s notifications dated 17.7.1959, 03.9.1957, 13.11.1959 and 10.11.1960 or other such notifications with a view to rehabilitate such individuals. Pursuant to the 1961 Scheme, land owners whose land was acquired, applied for allotment of alternative plots in respect of advertisements inviting applications and after the necessary requirements as stipulated in the 1961 Scheme were complied with, plots were allotted to the persons who were the recorded owners prior to the issue of notification under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act ). Page 2 of

Vide an Office Order dated 03.4.196, the 1961 Scheme was further amended. 2. Under the Scheme, DDA has been considering the cases of the individuals as and when such persons, whose lands have been acquired, have been making application for allotment of alternative plot on the acquisition of their lands. For this purpose, a committee called Committee on Allotment of Alternative Plots ( the Committee in short) was constituted by the DDA. Land of the respondent herein was acquired twice under the provisions of the Act. First time this land was acquired vide award passed in the year 1967. The respondent had made a request for alternative plot which was considered favourable in terms of the prevalent policy. As per the DDA on the recommendation of Land & Building Department ( L & B Department for brevity) contained in letter dated 30.11.1967, the respondent was even offered an alternative plot admeasuring 400 squire yards in East of Kailash and was asked to deposit the earnest money of `4,500/-, but he did not come forward and deposited the said earnest money and therefore, this offer lapsed and stood withdrawn by the DDA on 07.5.1969. The respondent herein Page 3 of

claims that he never received such an intimation of alternate plot and therefore, could not deposit the said money. He did not come to know about the said withdrawal. 3. Be as it may, another set of land of the respondent in Village Sahibabad was again acquired on 31.3.1977 vide award No.29/76-77. He applied for another alternative plot on 06.2.194. This application was considered, but was rejected by the Committee in its meeting held on 31..1999 on the ground that the respondent was earlier recommended an alternative plot on 30.4.197 and as per the Scheme, a person could be allotted land only once in his life time. The respondent filed writ petition challenging this rejection. Learned Single Judge has set aside the aforesaid decision on the ground that in terms of Policy of L & B Department, one of the conditions making a person ineligible is where he has already been allotted a plot of land or recommended earlier for allotment of an alternative plot of land. Once a person is allotted an alternative plot in lieu of one set of lands acquired from him, there can be no further allotment of an alternative plot in lieu of the lands subsequently acquired under a separate award. Page 4 of

Additional reason is given that the respondent, in fact, did not get an alternative plot purportedly at the first time in 1967 and therefore, there is no bar to his being allotted an alternative plot. 4. Challenging this order, two submissions are made by the learned counsel for the appellant. In the first instance, it is argued that the petition suffered from laches and delay. When the request was rejected in the year 1999, there was no cogent explanation for filing the petition in the year 2009. That is after a delay of a decade. This contention is not accepted by the learned Single Judge giving the following reason: 5. As regards the plea of laches, this Court is of the view that the explanation offered by the petitioner, who is a villager pursuing his plea for alternative land for several years with the respondents, is satisfactory. In any event, the application made in 194 was considered by the respondents themselves after 15 long years in 1999. Further, this Court takes judicial notice of the fact that there is still a long waiting list of persons whose lands have been acquired several years ago and who are yet to be allotted alternative plots. 5. It is submitted that the aforesaid reasons accepted by the learned Single Judge for entertaining the petition after 10 years is not legally justified. Merely because Page 5 of

the respondent is a villager would not mean that he could wait for 10 years before approaching the Court without giving any reason for the delay. Moreso, when even according to the learned Single Judge, he was pursing his remedy consistently and following his representation before the DDA when it was pending. 6. We find force in this submission. We may point out that when the respondent received rejection letter dated 23.2.1999, he responded to the same vide his letter dated 14.7.1999 refuting the stand of the DDA by alleging that he had never received any letter qua the first allotment. 7. Thus, it cannot be said that the respondent was ignorant. He was aware of his rights. In such circumstances, after receiving the rejection order in the year 1999, there was no reason for him to wait for an abnormal period of ten years before approaching the Court in the year 2009. We have to keep in mind that the purpose of the scheme for allotment of alternate plot is to give succour for those persons whose lands were acquired and on this deprivation; they become homeless or need house in this city. Such persons have to file appropriate application Page 6 of

within time and it is also necessary for them to avail legal remedies without delay. Since we find that there is an inexplicable delay of more than ten years, that itself is sufficient to reject the petition of the appellant.. Second submission of the learned counsel for the appellant was that in any case, the plea of the appellant for alternate plot could be considered only in terms of prevalent policy on the date of consideration and as per the policy, the appellant would not be entitled to the plot. This policy reads as under: 3. If any person himself or his wife/husband, dependent relative including any unmarried child: (a) Is having a plot or residence in whole or in part whether in Delhi or in the urbanised areas in Delhi, New Delhi or Delhi Cantonment except in Village Abadi whether on lease hold or free hold basis; and/or (b) Has been allotted a plot of land or recommended a plot of land (c) Is a member of cooperative housing society or cooperative group housing society Page 7 of

Then such person shall not be eligible for allotment of alternate plot. 9. However, as we are holding that the writ petition was liable to be dismissed on the ground of laches and delay, it is not necessary to go into this contention. We, thus, allow this appeal and set aside the impugned order of the learned Single Judge. The result would be that the writ petition filed by the respondent herein is dismissed. No costs. Sd./- ACTING CHIEF JUSTICE Sd./- (RAJIV SAHAI ENDLAW) JUDGE MARCH 07, 2012 Page of