Delhi High Court
Delhi Pradesh Citizen Council ... vs Govt Of India & Ors on 29 April, 2009
Author: Ajit Prakash Shah
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: April 29, 2009
+ WP(C) No.6623/2008 & C.M. Nos. 12693/2008 & 5695/2009
DELHI PRADESH CITIZEN COUNCIL (REGD) ..... Petitioner
Through: Mr. Jasbir Singh Malik,
Advocate.
versus
GOVT OF INDIA & ORS ..... Respondents
Through: Mr. Ajay Verma, Advocate for
Respondent DDA.
Ms. Zubeda Begum, Advocate for
Respondent No. 4.
Mr. A. K. Mishra, Advocate for
applicants in C.M. No. 5695 of
2009
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL
ORDER
29.04.2009
1. In the present writ petition styled as a "Public Interest
Litigation", the grievance of the petitioner is that the public land had
been encroached upon and that the authorities were taking no
positive action in getting the land vacated so as to pave the way for
the public project, namely, Integrated Freight Complex, Madanpur
Khadar.
2. As per the petitioner, a notification was issued under the Land
Acquisition Act, 1894 for acquiring the land in public interest.
Thereafter a declaration was issued under Section 6 of the Land
Acquisition Act, 1894. The writ petition filed by the land owners of
the land came to be dismissed and the Award was passed by the
Land Acquisition Collector for the entire land on 1st December, 1997.
The case of the petitioner is that the possession of the acquired land
to the extent of 232 Bighas has been taken by the Government but
the remaining area of 396 Bighas stands encroached by the original
owners/authorized occupants. It is also the case of the petitioner
that Writ Petition (Civil) No. 760 of 2007 filed by the occupants of the
land was dismissed by this Court on 2nd April 2008. The petitioner
contended that despite this no action has been taken by the
authorities in getting the land vacated so as to pave the way for the
public project of setting up an Integrated Freight Complex.
3. On 21st January, 2009, this Court was informed that the land
in question, which had been acquired by an Award dated 1st
December, 1997 is in the list of unauthorized colonies. The Court
was also told that part of this land was required for city
infrastructure. A provisional certificate had been issued in respect of
this colony and the matter was forwarded to the land owning agency
i.e. Delhi Development Authority (in short „DDA‟) to consider the
issue of regularization in the light of the fact that part of the land was
also required for the city infrastructure. The counsel for the DDA
stated that DDA would take a decision as expeditiously as possible.
4. Today a counter-affidavit on behalf of DDA was placed before
us. As per the DDA, land measuring 628 Bighas 12 Biswas was
acquired in village Aali. The DDA further stated that out of the
acquired land, LAC/L&B Department handed over possession of 232
Bighas 5 Biswas of land to the DDA on 26th May, 1998 and
possession of 8 Bighas 8 Biswas was handed over by LAC/L&B
Department to DDA on 28th July, 2004. However, as per the
affidavit, the possession of remaining 387 Bighas 19 Biswas was not
given to DDA because of the same being built-up. It was further
submitted that possession of the acquired land is first handed over
by LAC to L&B Department and only thereafter the L&B Department
hands over the possession to DDA. The DDA also stated in the
affidavit that Aali Vihar Extension is an unauthorized colony which
apparently is in the list of „Unauthorized Colonies‟. The DDA also
stated in the affidavit that as per the "Revised Guidelines-2007 for
Regularization of Unauthorized Colonies in Delhi", the following types
of colonies or parts thereof would not be considered for
regularization:-
"Colonies/part of colonies which pose hindrances
in the provision of infrastructure facilities or fall in
the area of ROW of existing/proposed railway
lines; Master Plan roads and major/trunk water
supply and sewerage lines."
5. As per the DDA, the land of village Aali Vihar forms part of the
proposed "Integrated Freight Complex, Madanpur Khadar" Project,
which is an infrastructure project falling in "Commercial and
Transportation" use Zone. The DDA also stated in its affidavit that
the total area of land as required for the Integrated Freight Complex,
Madanpur Khadar is around 158 hectares. Of this, land
admeasuring 51.23 hectares was handed over to DDA by LAC/L&B
Department. Out of the land handed over to DDA, 31.68 hectares
has been transferred to the Integrated Freight Complex, Madanpur
Khadar. The rest of the land is earmarked for other purposes. Land
admeasuring 32.72 hectares has been acquired but physical
possession has not been handed over as it was heavily built-up. The
remaining land belongs to the U.P. Government.
6. The affidavit goes on to further state that the DDA has been
regularly following up the matter with the U.P. Government for the
land which is required for the Integrated Freight Complex at
Madanpur Khadar. As per the DDA, the Integrated Freight Complex
is planned to be constructed. However, the project would be
implementable upon the land in possession of the U.P. Government
becoming available.
7. In view of the fact of what has been stated hereinabove and the
affidavit filed by the DDA, it is evident that DDA intends to set up the
Integrated Freight Complex and is taking necessary action for the
said purpose. In view of the same, nothing further survives in the
present petition and the same is disposed of accordingly. All the
pending applications also stand disposed of.
CHIEF JUSTICE
NEERAJ KISHAN KAUL, J
APRIL 29, 2009
sb
