DELHI PRADESH CITIZEN COUNCIL Vs. GOVT OF INDIA

JUDGEMENT

(1.) IN the present writ petition styled as a "public Interest litigation", the grievance of the petitioner is that the public land had been encroached upon and that the authorities were taking no positive action in getting the land vacated so as to pave the way for the public project, namely, Integrated Freight Complex, Madanpur Khadar.

(2.) AS per the petitioner, a notification was issued under the Land acquisition Act, 1894 for acquiring the land in public interest. Thereafter a declaration was issued under Section 6 of the Land acquisition Act, 1894. The writ petition filed by the land owners of the land came to be dismissed and the Award was passed by the land Acquisition Collector for the entire land on 1st December, 1997. The case of the petitioner is that the possession of the acquired land to the extent of 232 Bighas has been taken by the Government but the remaining area of 396 Bighas stands encroached by the original owners/authorized occupants. It is also the case of the petitioner that Writ Petition (Civil) No. 760 of 2007 filed by the occupants of the land was dismissed by this Court on 2nd April 2008. The petitioner contended that despite this no action has been taken by the authorities in getting the land vacated so as to pave the way for the public project of setting up an Integrated Freight Complex.

(3.) ON 21st January, 2009, this Court was informed that the land in question, which had been acquired by an Award dated 1st december, 1997 is in the list of unauthorized colonies. The Court was also told that part of this land was required for city infrastructure. A provisional certificate had been issued in respect of this colony and the matter was forwarded to the land owning agency i. e. Delhi Development Authority (in short DDA) to consider the issue of regularization in the light of the fact that part of the land was also required for the city infrastructure. The counsel for the DDA stated that DDA would take a decision as expeditiously as possible.