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HIGH COURT OF DELHI
JUDGMENT
AIRPORTS AUTHORITY OF INDIA ..... Appellant
Through: Mr. Digvijay Rai and Mr. Archit Mishra, Advs.
Through: Mr. Ravinder Kumar Yadav, Mr. Vinay Mohan Sharma, Ms. Arti Anupriya and Mr. Paras Juneja, Advs. for R-1 to 3.
Mr. Sanjay Kumar Pathak, SC with Ms. K. Kaomudi Kiran
Pathak, Mr. Sunil Kumar Jha, Mr. M.S. Akhtar & Ms. Rini V.
Tigga, Advs for R-5 & 6.
Ms. Shobhana Takiar, Standing Counsel along with Mr. Kuljeet Singh, Adv for DDA.
HON’BLE MR. JUSTICE RAVINDER DUDEJA
1. The Airport Authority of India[1] has instituted the present Letters Patent Appeal[2] aggrieved by the judgment dated 19 December 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 AAI 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 March 1990. His daughter, Smt. Chandrawati, died on or about 24 June 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 Section 4 of the Land Acquisition Act, 18943 on 28 April 1972 and pertaining to abadi land falling in Village Nangal Dewat. The notification under Section 4 of the Act was followed by notifications under Sections 6, 9 and 10 of the Act. The aforesaid notifications under Sections 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 & 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 August
1986. Taking note of the aforesaid development, the Court on 18 September 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.
4. On 02 August 2001, when the matter was taken up for consideration, the Court took note of the statement made on behalf of the petitioners therein that they were confining their relief to rehabilitation at an alternative place. The petitioners thus appear to have given up the challenge to the acquisition and confined their prayers to the allotment of an alternative piece of land. Taking note of the aforesaid stand as struck, W.P.(C) 481/1982 came to be dismissed along with all other pending applications made by persons whose land had been allegedly acquired under the original Sections 4 and 6 of the Act notifications.
5. While closing the proceedings on the writ petition, the Court also took on board the statement made on behalf of the respondents therein that a scheme for allotment of alternative plots is being formulated and that all persons whose names appear in the Award would be awarded land in terms of the scheme within six months.
6. The controversy, however, does not appear to have come to a rest since numerous miscellaneous applications came to be made in the disposed of writ petition. Taking cognizance of the various claims for allotment of alternative plots which were being continually raised, the Court by its order of 29 October 2003 directed the competent authorities to draw up a complete list of persons along with the area of land possessed by them as on the date of the issuance of the Section 4 notification. A direction was further framed for the Tehsildar of the concerned area to dispose of all mutation applications that may be received in this respect.
7. Pursuant to the directions so framed, the Land Acquisition Collector[4] filed a list of eligible persons before the Court on 14 January
2004. The list submitted indicated plots of land aggregating 631 sq. yards liable to be allotted in the name of Late Shri Raghunath (the brother of Late Shri Arjun Singh) and Late Shri Arjun Singh.
8. Subsequently and since the filing of miscellaneous applications continued unabated, this Court, on 28 April 2004 appointed the concerned ADM, Mr. S.S. Kanawat, to act as the Nodal Officer and charged him with the task of preparing a comprehensive list of eligible candidates for allotment of alternative plots. The aforesaid order is extracted hereinbelow: - “RA No 9312/2001 in WP (C ) 481/1982 Despite the lapse of three months practically there is no progress in the matter. Learned counsel for the Govt of NCT of Delhi states that the LAC was busy with the election duty. In my considered view, this is no excuse since election duty arose in April 2004. Learned counsel for Airport Authority of India states that the said authority has carried out some exercise to find out the eligibility of different persons in different categories. In my considered view, the matter in controversy needs to be coordinated by a senior officer to be assisted by the different parties.Mr. S.S. Kanawat, ADM, is appointed as the Nodal Officer for the said purpose. The Airport Authority of India will give the relevant data to him and he will prepare a list of the eligible candidates after considering the objections of the different parties. If there is an issue of eligibility of a particular category of persons, the list should be prepared and the eligibility of that category will be considered by the Court. Leave and liberty is granted to various parties to approach the said officer and it is not necessary to file applications before this Court for impleadment and intervention. It is only in case the issue will arise of a particular category, then the learned counsel can be heard on the issue of eligibility of that category. In so far as the issue of mutation in favour of the legal heirs is concerned, Mr. V.K. Grover, Tehsildar of the area is present in person and states that the process is on but some of the parties have not given documents in support of their case. Leave and liberty are granted to parties to file the necessary documents within 15 days from today with the Tehsildar failing which no further opportunity shall be granted to the parties and the Tehsildar will decide the issue on the basis of the documents on record. The Tehsildar to also assist the Nodal Officer for determination of the eligibility. The Nodal Officer will also consider the requests of the persons who claim that their names have been mistakenly missed out from the list. The Nodal Officer is empowered to take decision in respect of issues arising for drawing up the list. The Nodal officer with the relevant records and lists should remain personally present in Court. List on 26.8.2004. CM Nos 4486, 7748/2002 9486-9487,11072, 11167,11203, 11224, 13372,13373/2003, 1728,4883 to 4888, 4974-4975/2004 These are applications for interventions, impleadment and objections of various parties. In my considered view, the present proceedings are not the appropriate proceedings to get them either impleaded or decide these issues specially when now the Nodal Officer has been appointed as aforesaid. All the aggrieved parties as directed above will approach the Nodal Officer and on the issue of eligibility of category, the matter can be put before the Court and learned counsel will be heard at that stage. Any request to be made to the Nodal Officer, be so made within 30 days from today. Applications stand disposed of. Dasti to learned counsel for the parties.”
9. On 08 December 2004, the Nodal Officer disposed of an application made by the sons and grandsons of Late Shri Raghunath claiming that the land comprised in Khasra no. 1243 had been incorrectly recorded as being held equally by Late Shri Raghunath and Late Shri Arjun Singh. The aforesaid application appears to have been made on the basis of a gift deed dated 24 June 1950. Accepting their application, the Nodal Officer passed an order providing that the land admeasuring 380 sq. yards comprised in Khasra no. 1243 would stand recorded in the name of Late Shri Raghunath.
10. A consolidated list of eligible persons entitled for allotment of rehabilitation plot numbering 316 came to be thereafter published by the Nodal Officer on 16 December 2004. The names of Late Shri Arjun Singh and Late Shri Raghunath were reflected at serial nos. 144 and 145 of the said list. The aforesaid list was also forwarded to the appellant for taking further action. The allocation of land in the name of Late Shri Raghunath and Late Shri Arjun Singh ultimately appears to have been settled with the appellant here, in terms of its communication of 05 October 2005 apprising the Delhi Development Authority[5] that the name of Late Shri Raghunath be read at serial no. 142 in place of Late Shri Arjun Singh. The appellant appears to have taken the aforesaid position since according to it, Late Shri Arjun Singh had died issueless and thus, even if his holding were merged with that of his brother, the entitlement of an alternative plot would remain unaffected.
11. Some time, in the year 2007, the possession of the land parcels in question were taken over and alternative plots were allotted to eligible persons. Since repeated claims continued to be filed before this Court, a learned Judge exhaustively examined all issues arising out of acquisition of land in Village Nangal Dewat in Airports Authority of India vs. Karan Singh[6]. The aforesaid decision which came to be rendered on 30 May 2007 carried the following salient observations: -
12. Upon a due examination of the various contentions which were addressed and raised, the Court summarized its conclusions as follows:-
(vi) Given the litigational history of these cases involving village
Nangal Devat, the Civil Courts ought not to have entertained suits filed by persons who never filed a claim before the Nodal Officer. Even in those cases where the Nodal Officer had passed an order, the appropriate Forum to challenge such Order would, given the background, be this Court and not the Civil Court.
(vii) The issue of rehabilitation also would remain outside the purview of the jurisdiction of the Civil Court. This conclusion is also informed by the objective of this Court's orders in devising an alternative dispute resolution mechanism in the form of the Nodal Officer to ensure efficient and efficacious disposal of the claims.”
13. Of equal significance are the observations which appear in Paras 67.[3] and 67.[4] and which are extracted hereinbelow: - “67.3. In the other Writ Petition (C) No. 4113/2007 Mr. Kunwar Udai Bhan learned Counsel has sought to urge that it would be unfair to deny relief to the petitioners when certain others whose claims have been disposed of by the very same impugned common order are being granted relief by this Court. No attempt has been made to show why these petitioners could not approach the Court earlier.
67.4. This Court does not consider it necessary to repeat the reasons explained in para 26 of this judgment for not entertaining these petitions. These petitioners have been residing in Nangal Devat for many years now. It is a fairly densely populated village in a small area. The notification under Section 4 of the L.A. Act was issued in
1972. The Award was made in 1986. Till August 2001 the petitions challenging the acquisition were pending in Court. Thereafter numerous petitions and applications have been filed by the residents of Nangal Devat which have been heard and disposed of by this Court. On several dates time for making claims before the Nodal Officer were extended. Thereafter the present round of litigation, challenging the orders of the Nodal Officer, most of which were made in November 2006, have been heard from December 2006 onwards. In these circumstances, it is impossible to believe that the petitioners were not aware of the pendency of these cases. The Court is not prepared therefore to entertain these petitions, coming as they do, at the very last stage. Throughout the hearing of these petitions also, the Court made it clear that it is not going to entertain further petitions challenging the orders of the Nodal Officer. This approach was considered necessary keeping in view the time bound directions of this Court made earlier.”
14. The respondents asserted that they did not receive any intimation with respect to allotment of alternative plots either from the DDA or the appellant herein. They consequently appear to have invoked the provisions of the Right to Information Act, 2005 sometime in 2010 seeking details of allotment made in lieu of land held by the Late Shri Arjun Singh. Not being satisfied with the inaction of the appellant and DDA, they approached this Court by way of W.P.(C) No.7174/2011 challenging the order dated 08 December 2004 of the Nodal Officer in terms of which a merger of the plots standing individually in the name of the Late Shri Raghunath and Late Shri Arjun Singh had been directed. The aforesaid writ petition however came to be withdrawn vide order dated 27 September 2011 with the respondents craving liberty to approach the respondents and if aggrieved even thereafter to take “a proper remedy”.
15. Pursuant to the aforesaid, they are stated to have made a representation on 30 September 2011 for allotment of an alternative plot. The aforesaid representation is stated to have been forwarded by the appellant to the Nodal Officer who ultimately, by an order of 26 November 2012, rejected the same on the ground of inordinate delay.
16. It becomes pertinent to note that the issue of a right to claim an alternative plot in lieu of acquisition in the meanwhile appears to have been referred for the consideration of a Full Bench of this Court in Ramanand vs. Union of India & Ors[7]. The Full Bench principally held that no landholder can claim an indefeasible right to be allotted an alternative plot and that such an application, if made, can only be for consideration in accordance with any scheme that may prevail.
17. A claim identical to that raised by the respondents herein and again pertaining to Village Nangal Dewat fell for consideration of a Division Bench of the Court in the Diwan Singh vs. Govt. of NCT of Delhi[8]. The Division Bench, while noticing the history surrounding the acquisition exercise of Village Nangal Dewat, observed as follows: -
18. It also took note of the question which had cropped up and pertained to whether occupants of abadi which may have been acquired would be additionally entitled to compensation. The aforesaid question came to be answered as follows: -
19. Dealing with the scheme of rehabilitation framed by AAI itself and pertaining to Village Nangal Dewat, the Division Bench held as under: -
20. We note at the very outset that the learned Single Judge has while passing the impugned judgment clearly failed to advert to the principles laid down in Diwan Singh. More importantly, the judgment fails to either advert to or notice the bar which stood created in Karan Singh. It becomes pertinent to note that Karan Singh had in unequivocal terms provided that no further claims or writ petitions would be entertained. The respondents chose to approach this Court only in 2012, even though all proceedings for settlement and rehabilitation had been rendered a quietus in terms of the judgment rendered in Karan Singh as far back as in 2007. It is in the aforesaid backdrop that we find ourselves unable to sustain the impugned judgment.
21. In our considered opinion, once this Court in Karan Singh, had wrung the curtains down and directed that no further suits or writ petitions would be entertained, the claim as raised by the respondents was not even liable to be entertained. Karan Singh in that sense rendered a quietus to all aspects pertaining to resettlement and rehabilitation as applicable to the residents of Village Nangal Dewat.
22. The learned Single Judge also appears to have failed to consider that the order dated 08 December 2004 had itself come to be challenged by the respondents for the first time in 2011 by way of W.P.(C) No.7174/2011. That writ petition was withdrawn and the only liberty which stood reserved was for the petitioner to take a proper remedy. The aforesaid facts constitute glaring evidence of indolence and laches.
23. The appellants have also asserted that the Late Shri Arjun Singh had expired as far back as on 15 March 1990, and that his alleged daughter, Smt. Chandrawati, had herself got married, moved to Sonipat, Haryana and died there on 24 June 2000. It was in the aforesaid context that Mr. Rai had submitted that Smt. Chandrawati in that sense was not even impacted by the acquisition.
24. All of the aforesaid facts, when considered in totality, would have merited the writ petition being dismissed on the ground of evident and inordinate laches. In our considered opinion, there was no justification to entertain the writ petition preferred at such a belated stage. While the learned Judge has observed that the claim for alternative land was not under any welfare scheme, but essentially a substitute to the right to receive compensation for acquisition of property, the said observation fails to bear in consideration the undisputed position that the Late Shri Arjun Singh does not appear to have taken any tangible steps for affirmation and recognition of his rights during his lifetime. The daughter, as noticed above, is stated to have married and moved to the State of Haryana. Of equal significance was the restraint placed in terms of the judgement in Karan Singh. The claim of the respondents was thus liable to be negatived on the aforesaid grounds alone. We thus find ourselves unable to sustain the direction ultimately framed by the learned Single Judge and comprised in paragraph 21 of the impugned judgment.
25. We accordingly allow the instant appeal and set aside the judgment and order dated 19 December 2017. The writ petition in consequence shall also stand dismissed.
YASHWANT VARMA, J. RAVINDER DUDEJA, J. FEBRUARY 09, 2024