2005 Supreme(Del) 578
High Court Of Delhi
HANMAT SINGH - Appellant
Versus
NODAL OFFICER - Respondent
Decided On : 05/18/2005
The court's decision emphasized the importance of efficient implementation of rehabilitation schemes and the need for clear guidelines/criteria for the allotment of alternate plots.
Headnote:
LAND ACQUISITION ACT - Rehabilitation of Land Owners - Sections 4, 6, and 23 of the Land Acquisition Act, 1894 - The court discussed the nature of objections and the scope thereof, the progress in the implementation of the Rehabilitation scheme, and the guidelines/criteria for allotment of alternate plots.
Fact of the Case:
Residents of Village Nangal Dewat filed a writ petition seeking quashing of the notification under Sections 4 and 6 of the Land Acquisition Act, 1894 in respect of their lands and structures. The petitioners sought restraint on the making and publication of the award and interference with possession of their lands and structures. The court was informed that the acquisition had been done for the public purposes of extension of Palam Airport, International Section. The petitioners later gave up their challenge to the acquisition and confined their relief to the rehabilitation of persons whose land had been acquired at an alternative place.
Finding of the Court:
The court was constrained to give directions from time to time to officials/authorities such as SDM, International Authority of India, and Delhi Development Authority due to tardy progress in the implementation of the Rehabilitation scheme. The court appointed a Nodal Officer to coordinate the matter and presented a list of eligible persons for allotment. The court also settled guidelines/criteria for the allotment of alternate plots.
Issues: The nature of objections and the scope thereof, progress in the implementation of the Rehabilitation scheme, and guidelines/criteria for allotment of alternate plots.
Ratio Decidendi: The court's decision was influenced by the slow progress in the implementation of the Rehabilitation scheme, leading to the appointment of a Nodal Officer and the settlement of guidelines/criteria for the allotment of alternate plots.
Final Decision: The applications were disposed of in terms of the directions provided, and a new Nodal Officer was appointed to deal with the applications for allotment of alternate plots.
( 1 ) THE above applications have been filed by the applicants/objectors aggrieved by the consolidated list prepared, by the Nodal Officer appointed vide orders dated 28. 4. 2004, of eligible persons entitled for alternate plots in lieu of their land holdings acquired in Village Nangal Dewat. Objections have now been filed in the writ petition which had been disposed of vide orders dated 2nd August, 2001.
( 2 ) FOR a proper appreciation and understanding of nature of objections and the scope thereof, it would be necessary to recapitulate, in brief, the facts leading to the filing of these objections:-
(I) on 16th February, 1982, nearly 366 residents of Village Nangal Dewat filed the above writ petition seeking quashing of the notification under Sections 4 and 6 of the LAND ACQUISITION ACT, 1894 in respect of their lands and structures. The petitioners sought restraint on the making and publication of the award and interference with possession of their lands and structures situated in Village Abadi in Village Nangal dewat. (ii) notice in the writ petition was issued and the court granted a limited stay of operation of the award to enable the Union of India to consider the question of rehabilitation of the residents of Village Nangal Dewat within three months. During the course of proceedings in the writ petition, between 1986 to 2001, the court was informed that the acquisition had been done for the public purposes of extension of palam Airport, International Section. Further that the Government had initiated a scheme for the rehabilitation of the residents, whose land was acquired in Village nangal Devat and 713 Bighas and 2 biswas of land of land was being acquired in rung Puri Village for rehabilitation. (ii) on 2nd August, 2001, petitioners gave up their challenge to the acquisition and confined their relief to the rehabilitation of persons, whose land had been acquired at an alternative place. Counsel for International Airport Authority of india, Mr. Aruneshwar Gupta informed the court that alternate land has been acquired for allotment to persons whose land was acquired for the expansion of the international Airport. Further that all persons whose names appear in the award for acquisition of the land, would be allotted alternate land in accordance with terms of the Scheme being framed within six months. Based on the above assurance, the writ petition was disposed of. It may be noted that a review petition bearing no. 9312/2001 has been filed by petitioner no. 262 namely Narain Singh S/o Richpal singh claiming that the counsel who made the statement on 2nd August, 2001, was not authorised to do so. The review applicant was asked to furnish particulars of his land acquired with details and the matter was adjourned from time to time at the request of review applicant. The said application had remained pending all this while and is being separately decided. (iv) there was tardy progress in the implementation of the Rehabilitation scheme and the court was constrained to give directions from time to time to officials/authorities such as SDM, International Authority of India and Delhi development Authority. Meetings were also held under the aegis of Lt. Governor and the scheme in terms of the minutes of the meeting held with Lt. Governor on 9th august, 2002 was directed to be made. Government of NCT of Delhi was directed to make list of persons entitled to alternate plots specifying the category to which they are entitled. It was urged by the respondent that a list of all those persons who were in possession of the land with area in their possession as on the date of acquisition had been prepared. It was said that naksha munta zamin had been prepared by the revenue Authorities indicating the names of persons in possession on the date of acquisition. The Tehsildar was also directed vide orders passed 29th October, 2003 to decide the applications filed by the legal heirs for substitution. International Airport au