Back
2013 Supreme(Del) 220
IN THE HIGH COURT OF DELHI AT NEW DELHI
V.K. JAIN, J.
Airports Authority Of India - Appellant
Versus
Nirmala Devi & Ors. - Respondents
LPA 429/2007
And
Airports Authority Of India - Appellant
Versus
Daya Nand & Ors. - Respondents
LPA 431/2007
And
Airports Authority Of India - Appellant
Versus
Ranbir Singh & Ors - Respondents
LPA 432/2007
And
Airports Authority Of India - Appellant
Versus
Ballu Singh & Ors - Respondents
LPA 433/2007
And
Airports Authority Of India - Appellant
Versus
Daya Chand & Ors. - Respondents
LPA 435/2007
And
Airports Authority Of India - Appellant
Versus
Sarup Singh & Ors. - Respondents
LPA 436/2007
Decided On : February 19th, 2013
Mr. Digvijay Rai, Adv.
Mr. Rajiv Virmani, Sr. Advocate with Mr. Atul Shankar Mathur and Ms. Shruti Verma, Advocates. Mr. Rajiv Bansal and Mr. Rahul Bhandari, Advs. for DDA Mr.Yeeshu Jain, Adv. for Nodal Officer Mr. Milanka Chaudhury and Mr. Abhishek Sharma, Advs. for DIAL Mr. Dipesh Chaudhary and Mr. Kunwar Udai Bhan, Advocates
Headnote:
Land Acquisition Act, 1894 - Section 4 - Guidelines binding on all the parties - Death of recorded owner leaving a Will - Revenue Authorities based on the Will had carried out the mutation in the Jamabandi in favour of the LRs - Nodal Officer passed orders from time to time on the claims filed by the land owners and the owners of super-structures - Guidelines framed by the Court were not challenged by any party to the said order - Held: Guidelines were binding on all the parties including the appellant - Wherever more than one persons had raised different individual super-structures on the land belonging to their father, they were entitled to individual alternative plots, commensurate with their individual land holding provided their names appeared separately in the survey report - Allotments affected directed to be reviewed and fresh allotments directed to be made - Petition allowed.
Land Acquisition Act, 1894 - Section 4 - Direction for fresh allotments - Primary dispute in these appeals pertained to those cases where more than one person built independent super-structures, on the different portions of the land belonging to their father - Guidelines framed by the Court not challenged by any party - Held: Wherever more than one persons had raised different individual super-structures on the land belonging to their father, they were entitled to individual alternative plots, commensurate with their individual land holding - If the wife had herself raised super-structure on the land which she received from her husband, she would be entitled to allotment of an alternative plot on account of her name appearing in the survey report - Allotments affected by this order be reviewed and fresh allotments directed to be made - Petition allowed.
V.K. JAIN, J.
1. Village Nangal Dewat consisted of old abadi (Lal Dora) as well as extended abadi. Though revenue record had been prepared in relation to extended abadi area, no such record had been prepared for the old abadi (Lal Dora) area. Since the Government intended to issue a notification under Section 4 of the Land Acquisition Act for acquisition of the land comprised in old abadi as well, a survey was conducted in the year 1972-1973. Based upon the survey report for old abadi area and revenue record for the extended abadi area 2 naksha muntazamins were prepared, one for apportionment of compensation for land and the other for apportionment of compensation for the super-structure. A notification under Section 4 of the Land Acquisition Act proposing to acquire the aforesaid land was issued on 28th April, 1972, followed by a declaration under Section 6 of the said Act on 28th August, 1979. The award in respect of the notified lands was passed on 14th August, 1986, determining separate compensation for land, structures and trees. The award came to be challenged before this Court by way of W.P.(C) No.481/1982, titled as Daryao Singh & Ors. versus Union of India & Ors.. An order was passed in the said writ petition on 2nd August, 2001 recording the submission of the appellant – Airport Authority of India that all the persons whose names appeared in the award would be allotted alternative land in terms of a Rehabilitation Scheme which would be framed within six months. In view of the said statement, the petitioners in W.P.(C) No.481/1982 gave up challenge to the acquisition proceedings and the writ petition was disposed of accordingly. One of the petitioners in W.P.(C) No.481/1982 filed a Review Petition, stating therein that the concession made by the counsel in the said writ petition was without his consent and, therefore, the matter should be re-opened. Some contempt petitions also came to be filed in the said matter. 2. On 30th September, 2003, the Court was informed that the persons whose lands had been acquired in Village Nangal Dewat would be entitled to allotment of alternative plots in Rangpuri. The following norms for allotment of alternative plots in Village Rangpuri were intimated to the Court:-
S. No. Landholding in Nangal Dewat (sq. m.) Size of
plot to be
allotted in
Rangpuri
(sq.m.)
1. 32 sq. m and below 26
2. Above 32 sq. m and upto 48 sq. m. 40
3. Above 48 sq. m. and upto 80 sq. m. 64
4. Above 80 sq. m. and upto 100 sq. m. 90
5. Above 100 sq. m. and upto 140 sq. m. 100
6. Above 140 sq. m. and upto 180 sq. m. 160
7. Above 180 sq. m. and upto 250 sq. m. 200
8. Above 250 sq. m. and upto 350 sq. m. 250
9. Above 350 sq. m. and upto 550 sq. m. 350
10. Above 550 sq. m. and upto 800 sq. m. 450
11. Above 800 sq. m. and upto 1500 sq. m. 550
12. Above 1500 sq. m. 650
3. On 28th April, 2004, the Court seized all the aforesaid applications appointed Mr. S.S.Kanawat, then Land Acquisition Collector as the Nodal Officer to determine eligibility for allotment of alternative plots in Rangpuri. All 82 applications which had been filed before the Court came to be disposed of by an order dated 18th May, 2005, whereby the Court approved the following guidelines agreed upon by the learned counsel for the parties:- 1. Any person, whose name finds mention either in the Survey Report (which relates to the old Abadi), or the Jamabandi as on 28.4.1972 and the Naksha Muntazamin, would be eligible for allotment of an alternative plot. 2. Persons whose names appear at more than one place either in old/ extended abadi in the individual capacity or as legal heir of any other person and either in the Jamabandi or the survey report, his total holding of land shall be considered for determining size of the plot. 3. If a person has died intestate after 28.4.1972, the legal heirs will be jointly entitled for allotment of a plot only. However, where one or more of the
