MANGE RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners seek quashing of the notification dated 23.1.1965 issued under Section 4 of the Land Acquisition Act 1894; quashing of the declaration dated 26.12.1968 issued under Section 6 of the LA Act, 1894; quashing of the award dated 19.9.1996 relating to land comprised in Khasra Nos.690/2 (0-18), 692/2 (2-15), 694/1 (0-18), 695 (4-16), 700/2 (2-8) total area being 11 bigha and 15 biswa in the Revenue estate of Village Mahipalpur.

(2.) Pleadings in the writ petition running into 47 pages are prolix. Further pleadings by way of additional affidavits filed from time to time to bring on record subsequent events are also prolix. In a nutshell, the cause on which the relief is predicated is that over the years a large number of unauthorized colonies have come up on agricultural lands in Delhi in total violation of the prescribed land use, but the Government of India took a decision to regularize 1071 colonies and that from time to time the list of unauthorized colonies expanded; the last known figure of unauthorized colonies to be regularized is 1432. That L-Block, Mahipalpur Extension is one such colony proposed to be regularized. That the land in question is part of L-Block Mahipalpur Extension. Thus, the actual claim is that, notwithstanding the lands being acquired, the respondents be restrained from taking over possession of the acquired lands till issue of regularization of unauthorized colonies is finally settled.

(3.) With reference to a notification dated 24.10.1984, being notification No.F.33/Engg.TP(DP)/11424/94, petitioners drew attention of this Court to the fact that 557 unauthorized colonies i.e. colonies which came up without sanction and in contravention of the prescribed land use were regularized in the year 1984. Therefrom, the case projected was, that from time to time, unauthorized colonies are being regularized and the Government cannot discriminate by resorting to pick and choose certain lands which are acquired but have come under unauthorized colonization and leave out some. The petitioners also sought sustenance from the directions issued by the Division Bench of this Court requiring Government to frame a policy of regularization and act thereunder. Petitioners further seek sustenance by placing reliance on orders passed by this Court from time to time directing that till the issue of regularization was finalized, lands which were acquired but had come under illegal colonization would not be taken possession of till final decisions are taken whether to accept the grounds realities i.e. regularize the unauthorized colonies. The petitioners also seek sustenance from the fact that under a policy decision taken by the Government, it has been decided to regularize all unauthorized colonies where more than 50% of the plots have been constructed upon and that L-Block, Mahipalpur Extension is one such colony where more than 50% of the the plots have been constructed upon and hence is entitled to be regularized. Attention of this Court was drawn by the petitioners to the fact that pursuant to a public notice dated 1.7.2006, issued by the Department of Urban Development, Government of NCT, Delhi, unauthorized colonies which had come up till January 2005 were required to form Resident Welfare Association and through the association all plot holders were to submit a joint lay out plan of the colony so that the Government could take follow up action for regularization of the colony. It was submitted that the Resident Welfare Association of L- Block, Mahipalpur Extension had submitted the regularization plans vide registration No.0341 and that, on 16.6.2008, in exercise of power conferred under Section 57 of the Delhi Development Act 1957, the Delhi Development Authority with the prior approval of the Central Government had directed that the Government of NCT, Delhi may issue provisional regularization certificates.