2005 Supreme(Del) 582
HIGH COURT OF DELHI
Manmohan Sarin, J.
Daryao Singh. Ors. – Appellant
Versus
Union of India & Ors.- Respondents
C.M Nos. 11203/2003, 1728/2004,4883/2004,4975/2004,345/2005, 346/2005, 479-50/2005, 481/05, 482/05, 483/05, 484/05, 658/05, 13.659/05, 829/05,830/05,831/05, 832/05,833/05, 1038/05, 1040/05, 1041/05,1042/05,1044/05, 1045/05,1047/05, 1048/05,1054/05, 1055/05, 1056/05, 1057/05, 1058/05, 1059/05, 1060/05, 34.1061 /05, 1062/05,1063/05,1064/05,1065/05, 1066/05, 1067/05, 1068/05 1069/05,1070/05, 1071/05, 1072/05,1074/05,1075/05,1076/05, 1077/05,1145/05, 1148/05,1149-50/05, 1151/05,1153/05,1303/05, 1304/05,1643/05,1644/05,645/05,1646/05, 1647/05, 1648/05, 1649/05, 1650/05, 1651/05, 1652/05, 1653/05, 2439/05, 2440/05, 2441/05, 2442/05, 2443/05,4366/05,4057/05,4310/05in WP(C) 481/1982
Decided on 18.05.2005
Mr. Jayant Bhushan, Sr. Adu with Mr. B.S. Mann and Mr. R. Dagar and Mr. Jai Prakash, Adus. for applicant / Objectors.
Mr. V.K Shali for applicant / Objectors.
Mr. KC. Mittal and Mr. Baljeet Singh for objectors/ applicants.
Mr. Kanwar Udai Bhan for applicants in CMs 479-484/2005.
Mr. Rajesh Yadau for Objector No.5.
Mr. S.K Rout for applicant / Objector.
Mr. S.S. Das for applicant/Objector.
Mr. Jasbir S. Malik for applicants in CMs. 345-346/05
Mr. Rajiu Yadau for objectors.
Ms. Gita Luthra, Ms:Pinky Anand with Ms. Jhum Jhum Sarkar for respondent-LAC / Nodal Officer.
Mr. Aruneshwar Gupta with Mr. Navin Singh and Ms. Shivangi for the respondent-AAI.
Mr. Ravinder Sethi, Sr. Advocate / Amicus Curiae.
Ms. Anusuya Salwan and Mr. Rajiv Bansal for respondent- DDA.
Headnote:Constitution of India Article 226 - Writ petition seeking alternate plot allotted to land oustees whose land holdings were acquired in Village Nangal Dewat - Dispute about allotment of plots to legal heirs as also transferees of owners of plots - Directions given that alternate allotment to be made as per guidelines laid in the judgment. [Paras 9,10 & 11]
Manmohan Sarin, J.
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 N an gal Dewat filed the above writ petition seeking quashing of the notification under Sections 4 and 6 of the Land Acquisition Act 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 Authority of