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2017 Supreme(Del) 3944

IN THE HIGH COURT OF DELHI AT NEW DELHI
S. RAVINDRA BHAT, SUNIL GAUR, JJ.
RANJEET SINGH - Appellant
Versus
GOVT OF NCT OF DELHI & ANR - Respondents
LPA 790, 896 OF 2013, 73, 74 OF 2014, 650, 500, 501, 504, 505, 556, 558, 562, 575, 576, 578, 579, 580, 581, 582, 583, 584, 590, 591, 609, 610, 611, 612, 613, 614, 615, 617, 619, 629, 631, 637, 643, 660, 664, 686 OF 2016, 173, 375, 64, 446, 447, 448, 460, 591, 81 OF 2017 & C.M. APPL. 16742, 18674 OF 2013, 1542-1544 OF 2014, 10119-10122, 33048, 42677, 42678, 45491, 45492 OF 2016, 19265, 32818, 32819, 3156, 3157, 3158, 23998, 3762 OF 2017
Decided On : 27-09-2017

Advocates Appeared:
For the Appellant :Sh. Govind Kant, for Sh. Anuj Saini, Sh. N.S. Dalal and Sh. Amit Dhankhar, Sh. Sanjay Poddar, Sr. Advocate with Sh. Yeeshu Jain, Standing Counsel, Ms. Jyoti Tyagi and Sh. Govind Kumar, Sh. Biraja Mahapatra, Sh. Arun Kumar Pathak, Sh. B.S. Maan, Ms. Smita Maan, Sh. Vishal Maan, Sh. Paritosh Tomar, Sh. Satyawan Rathore, Sh. Naresh Maan and Sh. Aditya Singh, Sh. V.P. Rana and Sh. Yogesh Saini, Sh. Vikas Mehta and Sh. Rajat Sehgal, Sh. I.S. Dahiya, Advocates.
For the Respondent:Ms. Shobhana Takiar, Sh. Nawal Kishore Jha, Sh. Arun Birbal and Sh. Sanjay Singh, Sh. Manika Tripathy Pandey and Sh. Ashutosh Kaushik, Sh. Pawan Mathur, Sh. Karan Sharma and Sh. Rohit, Sh. Jitendra Kumar Tripathi with Ms. Vipul Agrawal and Sh. Anshuman Nayak, Sh. Kush Sharma, Sh. Nawal Kishore Jha, Sh. M.K. Singh, Sh. Kunal Sharma, Sh. Rajiv Bansal, Sr. Advocate with Sh. Kush Sharma, Ms. Vasudha Trivedi and Ms. Kanika Singhal, Ms. Geeta Mehrotra, Ms. Mrinalini Sen, Standing Counsel with Ms. Kritika Gupta, Sh. Sarat Chandra, Sh. N.S. Dalal, Sh. Yeeshu Jain and Ms. Jyoti Tyagi, Sh. Rajat Sehgal, Sh. Arun Birbal and Sh. Sanjay Singh, Mohd. Shahid Azad, Md. Aslam and Sh. Ashutosh Rana, Sh. Kirtiman Singh, CGSC with Waize Ali Noor, Advocates.

Headnote:

Land Acquisition Act, 1894 - Section 4 - Common acquisition - Allotment of alternative plots - Scope of - Appellant's lands were notified for acquisition - Award was announced still remained unacquired - Since not all lands of the appellant were expropriated, her claim for alternative plot was rejected - Committee applied the same criteria for all - Adoption of this interpretation is fair one - Several claimants even joint owners make separate claims- It is doubtful whether all developed lands would be sufficient to meet the demands - Court notices that the scheme contains guidance appear to be resorted to by co-owners who seem to approach through different applications - A dispossessed land owner has ownership or possession of a residence in the village, ipso facto, cannot entitle him or her to make an enforceable claim for allotment of alternative plot - Appeals dismissed.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. These appeals have been preferred against different orders of learned Single Judges. However, since common questions of law are involved, they were heard together. The Court would briefly discuss the facts in each appeal, in the judgment too. In the impugned orders, the learned Single Judges have interpreted and followed the decision of the Supreme Court in Delhi Development Authority v. Jai Singh Kanwar (C.A. No.8289/2010, decided on 14.09.2011, hereafter the “Jai Singh’s case”). The Supreme Court had indicated the correct interpretation of the policy evolved for the allotment of alternative plots in Delhi, by the respondents (Govt. of NCT of Delhi) for the benefit of a category of land owners whose properties were subject to acquisition under the (now repealed) Land Acquisition Act, 1894 (“the Act”). Each case was heard separately, though a common judgment is made.

2. The respondents (i.e., the Delhi Administration – succeeded to by the Govt. of NCT of Delhi) had, resorted to large-scale acquisition of lands, for the purpose of development of Delhi, through notifications between 1959-61. Later, to study the problem of devising measures to control land value and stabilizing the land prices in Delhi, the Central Government constituted a Committee, which submitted its report on 06.06.1959. The then Chief Commissioner, Delhi, too submitted a note to the Central Government in respect of acquisition, development and disposal of land in Delhi. The Central Government then framed a scheme titled “Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961” [hereafter “the 1961 Scheme” or “the Scheme”]. Para 8 of the Scheme stipulated that as a general policy, disposal of developed land should be made by auction and the premium should be determined by the highest bid “except in the following cases where land may be allotted at pre-determined rates, viz., the cost of acquisition and development plus additional charges”.

The first category of the excepted category, which had to pay for alternative plots at pre-determined rates were:

(i) to individuals whose land has been acquired as a result of the Chief Commissioner’s notifications dated the 07.03.1957; 03.09.1957; 13.11.1959 and 10.11.1960 or other subsequent notifications provided that this concession will not be available in the case of individuals affected by the Notification dated the 07.03.1957 and September 1957 if the acquisition proceedings have been completed and payment made or deposited in Court by the 01.01.1961.

(a) If a residential plot is to be allotted, the size of such plot subject to the ceilings prescribed may be determined by the Chief Commissioner, taking into consideration the area and the value of the land acquired from the individual and the location and value of the plot to be allotted, and

(b) If an industrial plot is to be allotted, its size may be determined with reference to the requirement of the industry to be set-up, provided that the setting-up of industry is in accordance with the matter plan and the industrialist concerned has the capacity to establish and run such industry and provided further that the extent of land allotted at predetermined rates should not exceed the area acquired from the industrialist concerned. In making such allotment for industries, the Chief Commissioner will be advised by an Advisory Committee to be nominated by him.

3. Clause 10 stipulated further conditions for allotment of alternative plots to individuals. These were:

(i) that the person being allotted the alternative plot should not own any other residential plot in Delhi,

(ii) that a building should be constructed thereon within two years of the allotment and thirdly that the plot cannot be transferred for a period of ten years from the date of allotment except with the permission of the Chief Commissioner.

4. The detailed provisions of the Scheme were set out in the letter dated 02.05.1961 of the Union Home Ministry, addressed to













































































































































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