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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Community Welfare Banquet - Appellant
Versus
Government of National Capital Territory of Delhi - Respondent
W.P.(C) 3666 of 2020 & CM. Appl. 13092 of 2020 and W.P.(C) 3676 of 2020 & CM. Appls. 13163-65 of 2020
Decided On : 17-03-2021
| Table of Content |
|---|
| 1. challenge to the orders for requisitioning banquet halls (Para 1) |
| 2. arguments regarding compensation and legality of requisition (Para 2 , 3 , 4 , 5 , 6) |
| 3. process for compensation application and officer's duties (Para 7 , 8 , 9) |
| 4. petition disposition and rights reserved (Para 10) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)--These petitions inter alia seek quashing of orders dated 12.6.2020 whereby banquet halls were requisitioned for converting them into makeshift COVID-19 designated hospitals/zones.
2. Learned counsel for the petitioner submits that after filing of the petition, all the banquet halls have been re-requisitioned and handed back on 21.8.2020.
3. Learned counsel submits that though the banquet halls have been handed back, the question as to the legality of the subject order or the right of the respondent to pass such an order still survives.
4. He further submits that in terms of Section 66 of the Disaster Management Act, 2005 (hereinafter referred to as the Act), the concerned officer, who requisitioned the property was also required to determine the compensation to be paid for such purpose.
5. Learned counsel submits that it was obligatory on the said officer to pass the order of payment compensation in terms of Section 66 without the requirement of an application.
6. Learned counsel for the respondents submits that since one of the factors for determination of compensation, under Section 66 of the Act, is the rent payable in respect of the said premises, it would be necessary for the banquet owner to give requisite details.
7. In view of the above, the petitions are disposed of, permitting the banquet owners whose banquet halls had been requisitioned to make an application under Section 66 of the Act to the concerned officer providing the requisite details as stipulated in the said Section for the purposes of determination of compensation, if any.
8. On receipt of the application, the concerned officer shall dispose of the same expeditiously, preferably within a period of six weeks of the receipt of the application.
9. Since the banquet halls have already been de-requisitioned and possession handed back to the owners, the question with regard to validity of the order and the competence of the officer is left open.
10. The petitioners are accordingly disposed of. All rights and contentions of the parties are reserved.
AI
The court affirmed that under Section 66 of the Disaster Management Act, officers must determine compensation for requisitioned properties, irrespective of an application by property owners.
The court allowed banquet owners to seek compensation under Section 66 of the Disaster Management Act for the requisition of their premises and directed expedited processing of compensation applicati....
The court established that the requisition of property under the Disaster Management Act 2005 entitles the affected party to compensation as per Section 66, irrespective of the actual usage of the pr....
Compensation for requisitioned premises under the Disaster Management Act cannot be limited by Executive Orders, and must reflect actual rent for the entire duration of requisition.
The court highlighted the importance of allowing the petitioners to pursue the compensation dispute and ensuring their request for an arbitrator is not rejected based on limitation.
Emergency authorities are mandated to compensate for property used during crises, regardless of compliance with construction regulations, affirming property rights under constitutional law.
The petitioner must be afforded a hearing before rent fixation for requisitioned property and can seek compensation under the Disaster Management Act.
The court dismissed the petition due to lack of substantiation for the violations claimed, affirming previous actions taken by the authorities.
The Disaster Management Act, 2005 permits the government to permanently acquire land for disaster management purposes, ensuring compensation for affected property owners under the eminent domain prin....
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