Delhi Administration through its Secretary vs Umrao Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(SC) 979

2011 (7) Supreme 364
SUPREME COURT OF INDIA
R. V. Raveendran and A. K. Patnaik, JJ.
Delhi Administration through its Secretary — Appellant
versus
Umrao Singh — Respondent
Civil Appeal No. 8526 of 2011
(Arising out of S. L. P. (C) No. 34168 of 2009)
with
Delhi Administration through its Secretary — Appellant
versus
Ramesh Kumari — Respondent
Civil Appeal No. 8527 of 2011
(Arising out of S. L. P. (C) No. 35196 of 2009)
Decided on : 11-10-2011

Headnote:Delhi Development Authority (Disposal of Developed Nazul Land) Rules, 1981- Rule 6- Delhi Development Act, 1957- clause (2) (j) of Section 56 read with sub-section (3) of section 22- Acquisition of 3787 bighas and 12 biswas of land which included lands of Respondents-Government thereafter invited applications for allotment of alternative plots under the 1961 Scheme - Applications of respondents rejected as they had purchased the lands within five years of date of notification under Section 4 of the Land Acquisition Act-Writ Petition thereagainst on plea that 1961 Scheme had been incorporated in ‘the Nazul Land Rules’, which were statutory in character and these rules could not be amended by an administrative order-Allowed by High Court-Appeals-Held Rule 6(1) of the Nazul Land Rules is not really a rule which incorporates the 1961 Scheme, but it only provides that if the Authority decides to allot Nazul land to the individuals eligible under the 1961 Scheme, then Nazul land shall be allotted at pre-determined rates and not at rates determined in a public auction- High Court took an erroneous view in the impugned order that Rule 6 of the Nazul Land Rules, which was a statutory rule, laid down conditions for allotment of land under the 1961 Scheme and the conditions for allotment of land under the 1961 Scheme could therefore be amended by only statutory rules under Section 56 read with Section 22 of the Act- Rule 6 of the Nazul Law Rules did not stipulate conditions for allotment under the 1961 Scheme and the 1961 Scheme being an administrative scheme could be amended without a statutory rule made under Section 56 read with Section 22 of the Act- Impugned order set aside-Appeals allowed. (Paras 10 to 13)
       Facts of the Case :
        A notification was issued under section 4 of Land Acquisition Act,1894 herein in the instant case for Acquisition of 3787 bighas and 12 biswas of land situated in Village Andheria for the public purpose of Planned Development of Delhi, which included the lands of Respondents.Government thereafter invited applications for allotment of alternative plots under the 1961 Scheme and the respondents applied for allotment of alternative plots in their applications . Applications of respondents were rejected as they had purchased the lands within five years of date of notification under Section 4 of the Land Acquisition Act.Writ Petition thereagainst was filed on plea that that 1961 Scheme had been incorporated in ‘the Nazul Land Rules’, which were statutory in character and these rules could not be amended by an administrative order.Said writ petition thereagainst was Allowed by High Court.
        2. Present appeals have been filed against said order of High Court.
       Findings of the Court :
        The Court Held that Rule 6(1) of the Nazul Land Rules is not really a rule which incorporates the 1961 Scheme, but it only provides that if the Authority decides to allot Nazul land to the individuals eligible under the 1961 Scheme, then Nazul land shall be allotted at pre-determined rates and not at rates determined in a public auction. High Court took an erroneous view in the impugned order that Rule 6 of the Nazul Land Rules, which was a statutory rule, laid down conditions for allotment of land under the 1961 Scheme and the conditions for allotment of land under the 1961 Scheme could therefore be amended by only statutory rules under Section 56 read with Section 22 of the Act. Rule 6 of the Nazul Law Rules did not stipulate conditions for allotment under the 1961 Scheme and the 1961 Scheme being an administrative scheme could be amended without a statutory rule made under Section 56 read with Section 22 of the Act. Impugned order of High Court was set aside. Appeals were allowed

ORDER

A. K. Patnaik, J. —

Leave granted.

2. These are appeals against the common judgment and order dated 15.12.2008 of the Division Bench of the High Court of Delhi in Civil Writ Petition Nos.2147 of 1992 and 2148 of 1992 (for short the ‘impugned order’).

3. The facts very briefly are that in the year 1959, the Government of India, Ministry of Home Affairs, set up a Committee to study the problems of introducing measures of control on land values and stabilizing land prices in the urban areas of Delhi and this Committee submitted its report recommending some measures. The Government of India considered the recommendations and conveyed its decision to the Chief Commissioner, Delhi, by its letter dated 02.05.1961 regarding acquisition, development and disposal of land (hereinafter called ‘the 1961 Scheme’).The 1961 Scheme inter alia contemplated that land may be allotted at pre-determined rates, namely, 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 17.07.1959, 03.09.1957, 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 pursuant to 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.

4. By an Officer Order dated 03.04.1986 issued by the Delhi Administration, Delhi, Land and Building Department, the 1961 Scheme was amended. The Office Order dated 03.04.1986 is extracted hereinbelow:-

“DELHI ADMINISTATION, DELHI

LAND AND BUILDING DEPARTMENT

VIKAS MINAR, NEW DELHI.

37(32)/1/12 Dated: 3rd April’ 86

Office Order

In supersession of and previous order issued on the subject, the Administrator Delhi is pleased to order that following norms should be followed in respect of allotment of alternative plots in lieu of the land acquired for Planned Development of Delhi under the scope of large scale Acquisition, Development and Disposal of land in Delhi of the Government of India contained in their letter dated 2.5.1961.

1. In order to make applicant eligible for all allotment of alternative plot, the minimum land acquired for Planned Development of Delhi will be one bigha instead of 150 sq. yds. which was being followed earlier.

2. In case the applicant has purchased the requisite land of 1 bigha he should have purchased the same 5 years earlier than the date of notification under Section 4 of the Delhi Land Acquisition Act in order to make him eligible for allotment of alternative plot.

3. Condition No. 2 will, however, not be applicable in respect of ancestral cases.

4. Minimum size of the plot will be restricted to 250 sq. yards where land acquired is more than 10 bighas. Cases where land acquired is more than 5 bighas but upto 10 bighas plot size of 150 sq. yds. will be recommended and in respect of the cases where the land acquired ranges between 1 bigha to 5 bighas, the size of the plot will be restricted to 80 sq. yrds.

5. The plot will be allotted by DDA on pre- determined rates fixed by the Competent Authority from time to time.

It is also clarified that these orders shall also apply to all pending applications.

(P.S. Bhatnagar)

SECRETARY

(LAND AND BUILDING)”

It was, thus, stipulated in the amended Scheme that in case the applicant has purchased the requisite land of one bigha, he should have purchased the same five years earlier than the date of notification under Section 4 of the Land Acquisition Act in order to make him eligible for allotment of alternative plot.

5. On 27.01.1984, a notification was issued under Section 4 of the Land Acquisition Act for acquisition of 3787 bighas and 12 biswas of land situated in Villag

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