AIRPORTS AUTHORITY OF INDIA Vs. NIRMALA DEVI

JUDGEMENT

(1.) VILLAGE Nangal Dewat consisted of old abadi (Lal Dora) as well as extended abadi. Though revenue record had been prepared in relation to extended abadi area, no such record had been prepared for the old abadi (Lal Dora) area. Since the Government intended to issue a notification under Section 4 of the Land Acquisition Act for acquisition of the land comprised in old abadi as well, a survey was conducted in the year 1972-1973. Based upon the survey report for old abadi area and revenue record for the extended abadi area 2 naksha muntazamins were prepared, one for apportionment of compensation for land and the other for apportionment of compensation for the super-structure. A notification under Section 4 of the Land Acquisition Act proposing to acquire the aforesaid land was issued on 28th April, 1972, followed by a declaration under Section 6 of the said Act on 28th August, 1979. The award in respect of the notified lands was passed on 14th August, 1986, determining separate compensation for land, structures and trees. The award came to be challenged before this Court by way of W.P.(C) No.481/1982, titled as Daryao Singh & Ors. versus Union of India & Ors.. An order was passed in the said writ petition on 2nd August, 2001 recording the submission of the appellant ­ Airport Authority of India that all the persons whose names appeared in the award would be allotted alternative land in terms of a Rehabilitation Scheme which would be framed within six months. In view of the said statement, the petitioners in W.P.(C) No.481/1982 gave up challenge to the acquisition proceedings and the writ petition was disposed of accordingly. One of the petitioners in W.P.(C) No.481/1982 filed a Review Petition, stating therein that the concession made by the counsel in the said writ petition was without his consent and, therefore, the matter should be re-opened. Some contempt petitions also came to be filed in the said matter. On 30th September, 2003, the Court was informed that the persons

(2.) WHOSE lands had been acquired in Village Nangal Dewat would be entitled to allotment of alternative plots in Rangpuri. The following norms for allotment of alternative plots in Village Rangpuri were intimated to the Court:- <FRM>JUDGEMENT_401_ILRDLH23_2013 s2.htm</FRM>

(3.) PURSUANT to the aforesaid guidelines approved by the Court, the Nodal Officer passed orders from time to time on the claims filed by the land owners and the owners of super-structures. Some writ petitions challenging the orders passed by the Nodal Officer came to be filed in this Court. Some civil suits were also filed in civil courts in which interim order was passed for re-survey of land in question. Those orders were challenged by Airport Authority of India as well as by the Nodal Officer by way of Civil Revision Petition.