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High Court Of Delhi
ASHOK NAGAR WELFARE ASSOCIATION - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 1158 of 1996
Decided On : 07/12/1999
LAND ACQUISITION - REGULARISATION OF UNAUTHORISED COLONIES - POLICY DECISION - VALIDITY OF ACQUISITION - CHALLENGE TO ACQUISITION NOTIFICATION - RES JUDICATA.
Fact of the Case:
The petitioner, Ashok Nagar Welfare Association, filed a petition seeking a writ of mandamus directing the respondents to regularise their colony, which was acquired by the government under the Land Acquisition Act for planned development of Delhi. The petitioner contended that the land was part of an unauthorised colony that had been approved for regularisation by the Delhi Development Authority (DDA).
Finding of the Court:
The court found that the acquisition of the land had been upheld by the Division Bench in a previous petition filed by the petitioner, and that the challenge to the acquisition notification was barred by the principle of res judicata. The court also found that the policy decision to regularise unauthorised colonies may be applicable to valid title-holders and for the purposes of granting civic amenities, but it did not apply to the petitioner's case as the land had been validly acquired by the government.
Issues: 1. Whether the acquisition of the land was valid and binding on the petitioner. 2. Whether the policy decision to regularise unauthorised colonies applied to the petitioner's case.
Ratio Decidendi: 1. The court held that the acquisition of the land was valid and binding on the petitioner, as it had been upheld by the Division Bench in a previous petition filed by the petitioner. The court also found that the challenge to the acquisition notification was barred by the principle of res judicata. 2. The court held that the policy decision to regularise unauthorised colonies may be applicable to valid title-holders and for the purposes of granting civic amenities, but it did not apply to the petitioner's case as the land had been validly acquired by the government.
Final Decision: The court dismissed the petition, holding that the acquisition of the land was valid and binding on the petitioner, and that the policy decision to regularise unauthorised colonies did not apply to the petitioner's case.
( 1 ) THIS petition has been filed by an Association known as Ashok Nagar Welfare Association (Regd.) for issuance of a writ of mandamus directing the respondents to regularise the colony of Ashok Nagar Welfare Association,. Delhi which comprises the area measuring 141 Bighas and 15 Biswas falling in Khasra Nos. 391/263, 392/264,393/264 and 402/268 situated at Ashok Nagar of village Chilla Saroda Bangar, Delhi alongwith site plan (Trans Yamuna Area) Delhi as per petitioner s proposal dated 19th September, 1988.
( 2 ) NOTICE to show cause was issued and as no reply was filed Rule was issued and the matter was directed to be heard alongwith CWP No. 1507/1984 (Ashok Nagar Welfare Association v. Union of India and Another) which was listed before the Division Bench. This matter could not be taken up at the time of hearing of CWP No. 1507/1984 as the pleadings were not complete as will be indicative from reading of the order dated April 30, 1998 which reads as under :
"c. W. No. 11. 53/1996 This petition was ordered to be heard alongwith CWP No. 1507/1984. Arguments in C. W. 1507/1984 have been concluded today and the judgment has been reserved. We find in the present writ petition that the pleadings are yet to be completed, therefore, it cannot be heard at this stage. List this case for directions before the learned Single Judge as per the roster on 17th July, 1998. Notice of the said date be issued to the Standing Counsel for Union of India, respondent No. 1 in this case and to respondents 4, 5/and 6 without process fee. sd/- Arun Kumar, J. sd/- M. S. A. Siddiqui, J"
( 3 ) THIS petition aswell as Civil Writ Petition No. 1507/1984 related to the same Notifications which were issued under Sections 4 and 6 of the Land Acquisition Act dated November 17, 1980 and September 29, 1981 respectively in respect of the same lands. The acquisition was sought to be made for the purposes of planned development of Delhi. The Division Bench has dismissed the challenge to the Notifications by judgment delivered on May 21,1998. Therefore, the acquisition has become final. In this view of the matter the present petition, it is contended by the respondents, is also liable to be dismissed.
( 4 ) THE learned Counsel for the petitioner has vehemently contended that the land forming part of Khasra numbers which are subject matter of the present petition has already been directed to be regularised by Delhi Development Authority and the present petition is liable to be allowed. He has placed on record a detailed additional affidavit to reiterate his proposition. The document where reference has been made is placed on record which reads as under :
"delhi DEVELOPMENT AUTHORITY PARLIAMENTARY CONSTITUENCY-WISE LIST OF UNAUTHORISED COLONIES APPROVED BY THE DELHI DEVELOPMENT AUTHORITY 82dlt81. htmsimilarly, copy of the Unstarred Question No. 3095 which was raised in the Lok Sabha has also been referred to. This has been filed as Annexure PA/2 and reads as under : "lok SABHA. UNSTARRED QUESTION NO. 3095 To be answered on the 15th April, 1985 REGULARISATION OF UNAUTHORISED COLONIES IN DELHI No. 3095 SHRI CHITTA MAHATA: Will the Minister of Works and Housing be pleased to state - (a) the names of the unauthorised residential colonies in Delhi and New Delhi; and (b) the steps Government proposes to take to regularise them during the current year? ANSWER THE MINISTER OF WORKS AND HOUSING (SHRI ABDUL GHAFOOR) (a) and (b): The Delhi Administration had compiled a list of 607 unauthorised colonies, where unauthorised residential and commercial structures had come up upto 30. 6. 1977 and 16. 2. 1977. 537 of these colonies have been regularised and 56 colonies have not been approved by the Technical Committee for regularisation. The cases of balance 14 colonies are expected to be finalised in the current year. The details are given in Annexures I and II. "copies of Annexures I and II have been filed to highlight that certain unauthorised colonies including Asho
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