Government of NCT of Delhi Thr Secretary v. Poonam Gupta

JAYANT NATH, J DECEMBER 08, 2015 pmc

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08 December, 2015 + LPA 190/2015 & CM No.6083/2015, CM No.6084/2015 & CM No.6086/2015 GOVERNMENT OF NCT OF DELHI THR SECRETARY ..... Appellant Versus POONAM GUPTA ..... Respondent + LPA 191/2015 & CM No.6096/2015, CM No.6097/2015 & CM No.6099/2015 GOVERNMENT OF NCT OF DELHI THR SECRETARY (LAND & BUILDING DEPARTMENT) ..... Appellant Versus SUNDER PAL ..... Respondent + LPA 193/2015 & CM No.6108/2015, CM No.6109/2015 & CM No.6111/2015 GOVERNMENT OF NCT OF DELHI THR SECRETARY (LAND & BUILDING DEPARTMENT) ..... Appellant Versus SURENDER SINGH ..... Respondent + LPA 195/2015 & CM No.6127/2015, CM No.6128/2015 & CM No.6130/2015 GOVERNMENT OF NCT OF DELHI THR SECRETARY (LAND & BUILDING DEPARTMENT) ..... Appellant Versus AJIT SINGH ..... Respondent Counsel for the appellant: Mr.Sanjay Poddar, Sr. Advocate with Mr.Yeeshu Jain and Ms.Jyoti Tyagi, Advocates for the appellants. Counsel for the respondent: Mr.Vineet Mehta and Mr.Ankur Gupta, Advocates in LPA No.190/2015. Mr.N.S. Dalal and Mr. Davesh, Advocates in LPA No.191/2015. Mr.B.S.Maan, Mr.Vishal Maan, Mrs.Smita Maan and Mr.Paritosh Tomar, Advocates in LPA No.193/2015 & LPA No.195/2015. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH COMMON JUDGMENT : Ms.G.ROHINI, CHIEF JUSTICE 1. Government of NCT of Delhi is the appellant in these appeals preferred against the orders in W.P.(C) No.1368/2014, W.P.(C) No.7123/2013, W.P.(C) No.3579/2014 and W.P.(C) No.2110/2014 respectively. 2. The common question that arises for consideration is whether rejection of the applications of the writ petitioners for allotment of alternative plots under the Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 merely on the ground of delay in making the applications is sustainable. 3. The Government of India, Ministry of Home Affairs formulated a scheme called "Large Scale Acquisition, Development and Disposal of Land in Delhi" on 02.05.1961 with the object of providing developed residential plots to farmers whose lands are acquired for planned development of Delhi. The said scheme is being implemented by the GNCTD, Department of Land & Building by inviting applications for grant of alternative plots in lieu of acquired land through press advertisements issued from time to time. The alternative plots are allotted by the Delhi Development Authority on the recommendation of the Recommendation Committee constituted by the Department of Land and Building (Task Force), GNCTD. 4. It may be mentioned that the land for planned development of Delhi was acquired under the provisions of the Land Acquisition Act, 1894 and awards were passed fixing the compensation for the land acquired. The compensation so awarded was also received by all the writ petitioners. However, the controversy is with regard to allotment of alternative plot as a rehabilitation measure in lieu of the acquired land in terms of the Scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 (for short "the Scheme"). 5. All the respondents in the present appeals i.e. the writ petitioners made applications requesting allotment of alternative lands under the said Scheme. The said applications were rejected by the Recommendation Committee on the ground of delay. Aggrieved by the same, writ petitions were filed and all the writ petitions were allowed by the orders under appeal setting aside the orders of the Recommendation Committee and directing to re-consider the applications on merits. The said orders are under challenge in the present appeals contending inter alia that the scheme of Large Scale Acquisition, Development and Disposal of Land in Delhi, 1961 not being an open-ended scheme where a person whose land has been acquired can apply for alternative plot at any time of his choice, the applications were rightly rejected by the Recommendation Committee and the same warrants no interference by this court in exercise of