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2023 Supreme(Del) 2681

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Yad Ram – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 1744 of 2023 & CM APPL. 6694 of 2023
Decided On : 10-02-2023

Advocates appeared:
Mr. Charanjit, Advocate, for the Petitioner.
Mr. Bharti Raju with Mr. Hardik Bedi, Advocates, for the Respondent No. 1/UOI.
Mr. Ashim Vachher, Standing counsel with Mr. Kunal Lakra, Advocate, for the Respondent No. 2/DDA.
Mr. Yeeshu Jain, Standing counsel with Ms. Jyoti Tyagi and Ms. Manisha, Advocates, for the Respondent No. 3 and 4.

The main legal point established in the judgment is that the court directed the respondents to consider the case of the petitioner afresh on the basis of the documents filed by the petitioner in the present writ petition, emphasizing the importance of providing all necessary documents for adjudication.

Headnote:

Land Acquisition - Allotment of Alternative Plot - Large Scale Acquisition, Development and Disposal of Land in Delhi - Award No.193/86-87, Award No.01/1997-98, Award No. 08/2001-2002, Award No. 15/2001-2002, Award No. 19/2003-2004, Award No. 19/2005-2006 - The court directed the respondents to consider the case of the petitioner afresh on the basis of the documents filed by the petitioner in the present writ petition and granted liberty to the respondents to requisition any other documents that may be required for adjudication of the case of the petitioner. The petitioner would be granted hearing by the respondents at the time of consideration of the case of the petitioner. The respondents shall intimate to the petitioner as well as counsel for the petitioner for appearance before the Competent Authority. The petitioner would be at liberty to file any documents in its possession to the respondents so that the case of the petitioner for alternate allotment of land can be considered in proper perspective by the respondents. The present writ petition is allowed subject to cost of Rs.5000/- payable to the Delhi High Court Mediation and Conciliation Centre.

Fact of the Case:

The petitioner filed a writ petition seeking direction to the respondents to allot alternative plot under the Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi against the acquisition of the land of the Petitioner. The Recommendation Committee rejected the claim of the petitioner on the ground that requisite documents had not been provided by the petitioner and that some land was still remaining unacquired according to the report of the Patwari.

Finding of the Court:

The court found that the land of the petitioner was acquired completely, though at different points of time, and directed the respondents to consider the case of the petitioner afresh on the basis of the documents filed by the petitioner in the present writ petition.

Issues: The issues involved the rejection of the petitioner's claim by the Recommendation Committee due to non-provision of requisite documents and the contention regarding the complete acquisition of the petitioner's land.

Ratio Decidendi: The court's decision was based on the finding that the land of the petitioner was acquired completely, and the respondents were directed to consider the case of the petitioner afresh on the basis of the documents filed by the petitioner.

Final Decision: The present writ petition is allowed subject to cost of Rs.5000/- payable to the Delhi High Court Mediation and Conciliation Centre.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral):

1. The present writ petition has been filed with prayer for direction to the respondents to allot alternative plot under the Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi against the acquisition of the land of the Petitioner.

2. It is the case on behalf of the petitioner that land measuring (0-11) in Khasra No. 116 min out of total land of (114-18) of Sh. Chhajju, father of Petitioner in Village Bawana, Delhi was acquired vide Award No.193/86-87. Subsequently, land measuring (59-16) out of balance unacquired land of Sh. Chhajju was acquired vide Award No.01/1997-98. Father of the petitioner Sh. Chhajju expired on 26.03.1999.

3. Subsequently, vide order dated 12.05.1999, the unacquired land measuring (54-11) was mutated in favour of the petitioner and his four brothers in equal share.

4. It is submitted that the balance unacquired land was also acquired. Thus, land measuring (13-07) of the petitioner and his brothers was acquired on 15.10.2001 vide Award No. 08/2001-2002. Subsequently, land measuring (14-08) of the petitioner and his brothers was acquired on 21.03.2002 vide Award No. 15/2001-2002.

5. Later on, land measuring (22-00) of the petitioner and his brothers was acquired on 12.11.2003 vide Award No. 19/2003-2004. It is submitted that the remaining land measuring (4-16) of the petitioner and his brothers was acquired on 07.11.2005 vide Award No. 19/2005-2006.

6. Thus, it is contended that all the land under the possession and ownership of the petitioner and his brothers was acquired in toto. The petitioner has applied for allotment of alternative plot against acquisition of his land. However, the Recommendation Committee by its Minutes of Meeting dated 07.09.2018 rejected the claim of the petitioner. The relevant excerpts from the Minutes of Meeting dated 07.09.2018 are reproduced as under:

    "The case was placed before the Recommendation Committee.

    However, Recommendation Committee observed that as per the report of Patwari placed at P-304-305/C, applicant has still some remaining un-acquired land in Kh. No.116//1 Min.

    Further, Recommendation Committee also observed that a notice dated 14.09.2017 was issued to the applicant to submit the requisite documents within the stipulated time period and subsequent Public Notice dated 13.05.2018 was also published in two dailies i.e. Hindi and English to submit the requisite documents within the period of one month. But the documents are not yet submitted by the applicant till now.

    Recommendation Committee is of the view that the applicant is not interested to pursue the matter and has not submitted the requisite documents despite notice and public notice and it is also evident that the land of the applicant has not been acquired in the entirety.

    The case of the applicant for allotment of alternative plot in lieu of the acquired land is REJECTED in view of the judgment dated 14.9.2011 of the Hon'ble Supreme Court in case titled "Delhi Administration Vs. Jai Singh Kanwar" (CA No. 8289 of 2010) and due to non-compliance of above mentioned notices and public notice."

7. Thus, the Recommendation Committee rejected the case of the petitioner on the ground that requisite documents had not been provided by the petitioner. It has also been observed by the Recommendation Committee that as per the report of the Patwari, some land was still remaining unacquired. It is contended on behalf of the petitioner that the respondent has rejected the claim of the petitioner wrongly, since the land of the petitioner has been acquired in toto and no land remains unacquired.

8. Issue notice.

9. Notice is accepted by learned counsels appearing for the respondents.

10. Ms. Jyoti Tyagi, appearing on behalf of the respondent no. 3 and 4 submits that many public notices were issued by them. Despite the issuance of various public notices and ample opportunities, the petitioner has not submitted the requisit

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