AIRPORTS AUTHORITY OF INDIA Vs. JAI KUMAR

JUDGEMENT

(1.) The Airport Authority of India [AAI] has instituted the present Letters Patent Appeal [LPA] aggrieved by the judgment dtd. 19/12/2017 rendered by the learned Single Judge allowing the writ petition preferred by the respondent nos. 1, 2 and 3 and framing directions for allotment of an alternative plot admeasuring 100 sq. meters in Village Rangpuri to the legal heirs of the Late Shri Arjun Singh. While passing the aforesaid order, the learned Judge has called upon the respondents to place for the consideration of the concerned authorities necessary documentation to establish that Late Smt. Chandrawati was the sole legal heir of the Late Shri Arjun Singh, as well as material which would establish that the respondents could legitimately claim to be her legal heirs.

(2.) The respondents herein claim to be the heirs of the Late Smt. Chandrawati, who was the daughter of the Late Shri Arjun Singh, the original landholder. Late Shri Arjun Singh is stated to have passed away on 15/3/1990. His daughter, Smt. Chandrawati, died on or about 24/6/2000.

(3.) The prayer for allotment of an alternative plot owes its genesis to an acquisition exercise which commenced upon the issuance of a notification under Sec. 4 of the Land Acquisition Act, 1894 [Act] on 28/4/1972 and pertaining to abadi land falling in Village Nangal Dewat. The notification under Sec. 4 of the Act was followed by notifications under Ss. 6, 9 and 10 of the Act. The aforesaid notifications under Ss. 4 and 6 of the Act came to be assailed by way of a writ petition in W.P.(C) 481/1982 titled 'Daryao Singh and Ors. vs. Union of India'. In the absence of any interim order operating upon that writ petition, an Award came to be rendered on 14/8/1986. Taking note of the aforesaid development, the Court on 18/9/1986 stayed the implementation of the Award in order to enable the Union Government to take the decision, in the meanwhile, with respect to resettlement of the villagers of Nangal Dewat.