DIWAN SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The Petitioner has approached this Court aggrieved by the non-payment of compensation for his land acquired in Village Nangal Dewat, Delhi on which compensation has been assessed by the Land Acquisition Collector(LAC) vide an award.

(2.) A large tract of land was sought to be acquired in Village Nangal Dewat forpurposes of expansion of the Airport consisting of 287 bighas and 9 biswas of land where abadi was located. It may be mentioned that there were certain other agricultural areas also acquired for which compensation has been paid and which does not form subject matter of the dispute. Some of the owners of the structures in land in the abadi areas challenged the acquisition proceedings. The Airport Authority of India (AAI in short) in its wisdom decided to settle the matter with the persons in the abadi area by making a special scheme for them of allotment of developed land in Rangpuri. This is stated by the counsel for the LAC to be atotal area of 302 bighas. This settlement is recorded in the order dated 02.08.2001 in Civil Writ No. 481/1982. The area was developed and plots have been handed over in Rangpuri and the land in village Nangal Dewat stands taken over by the AAI.

(3.) There was some delay in development of the land at Rangpuri and the occupants of the abadi did not want to shift until sufficient time was available with them to construct on their Rangpuri property as they would have to shift their houses. The question of extension of time came to be raised in a writ petition filed before this Court and even appeals filed thereafter. Orders were passed in LPA No. 441/2007 and connected matters on 10.07.2007 in this behalf whereby the rights of both the parties were balanced and directions were passed with regard to the period of completion of construction on plot and shifting of the abadi people. In the said order categorical observations were made to the effect that these abadi people are entitled to receive compensation in lieu of their land in terms of provisions of the Land Acquisition Act, 1894 ('the said Act' for short) in addition to the alternative plots being provided at Rangpuri.