GOUTTAM CHHABRA Vs. GOVERNOR OF DELHI

JUDGEMENT

(1.) The petitioners in these proceedings under Article 226 question the land acquisition proceedings, issued by the respondents, especially the one dated 20.03.2013, publishing the final declaration under Section 6 of the Land Acquisition Act (hereafter referred to as "the Act").

(2.) The petitioners claim to be owners of Khasra Nos. 6//14/2, 15/1, 6/17 min and 17 min, Village Shahbad Daulatpur (hereafter referred to as "suit lands"). These were included in the notification, proposing to acquire large tracts of land, for a public purpose, i.e. Rohini Residential Scheme on 27.10.1999. The respondents issued a final declaration under Sections 6 and 17 of the Act on 03.04.2000. At the same time, they invoked the "urgency clause" and sought to exempt operation of Section 5A. The respondents' claim of the acquisition being for an urgent purpose was questioned in Writ proceedings by other land owners. The challenge was unsuccessful. Eventually, the land owners appealed to the Supreme Court by Special Leave. The matter remained pending before the Supreme Court, which, eventually on 27.04.2012 allowed the appeal, holding that no valid grounds for dispensing with Section 5A hearing were made out. The Court, however, left it open to the respondent administration to continue with the acquisition proceedings from the stage of Section 4. Consequently, the respondents proceeded to issue notices to such of the land owners who had approached the Courts and after hearing them, issued a final declaration which is now the subject matter of challenge.

(3.) The petitioners have disclosed that during the interregnum, i.e. the pendency of the proceedings of the Supreme Court, at the behest of land owners, the Land Acquisition Collector (LAC) had in their (i.e. the writ petitioners') cases, proceeded to frame and publish the award on 01.11.2002. The petitioners as was noticed earlier had neither challenged the acquisition proceedings nor the dispensing with requirement of Section 5A. They felt aggrieved by determination of compensation @ Rs. 12,16,000/- per acre and sought for review, which is pending consideration before the concerned District Court. The petitioners have also disclosed to this Court that they applied for allotment of alternative land in tune with the prevalent policies at the time of such acquisition. Apparently, the application is pending as also the reference.