Jai Kumar and Ors. v. Airport Authority of India and Ors.

1. The petitioners have filed the present petition impugning an order dated 26.11.2012 (hereafter ‘the impugned order’), whereby their representation for allotment of an alternative plot of 100 sq. mtrs. was rejected by respondent no. 4 (the Nodal Officer). The petitioners further seek an order directing the respondents to allot an alternative/rehabilitation plot measuring 100 sq. mtrs. at rehabilitation site in Village Rangpuri, New Delhi. 2017:DHC:7891

2. The petitioners’ demand for an alternative plot was rejected on the ground of inordinate delay and also for the reason that the petitioners have been unable to establish that they are the heirs of Late Smt. Chandrawati, who stated to be the daughter of Late Shri Arjun Singh.

3. The principal controversy involved in this petition relates to the entitlement of Late Shri Arjun Singh for allotment of an alternative plot in lieu of his land holding in residential area of village Nangal Dewat, which was acquired for expansion of Palam Airport, New Delhi.

4. Briefly stated, the relevant facts necessary to address the controversy involved in the present petition are as under:- 4.[1] The lands in the village abadi of the village Nangal Dewat were subject matter of Notification dated 28.04.1972 issued under Section 4 of the Land Acquisition Act, 1894 (hereafter ‘the Act’). The said land was acquired for the expansion of the Palam Airport at New Delhi. The Notification under Section 4 of the aforesaid Act was followed by notifications under Sections 6, 9 & 10 of the said Act. 4.[2] In order to ascertain the amount of compensation payable, the Land Acquisition Collector (LAC) conducted a survey of the acquired land which, inter alia, reflected that Late Shri Arjun Singh and Late Shri Raghunath both sons of Late Shri Shera were owners of certain houses/lands on the date of the notifications. Subsequently, an Award (Award no.16/1986-87) dated 14.08.1986 was also published. Admittedly, both Late Shri Arjun Singh and Late Shri Raghunath were entitled to compensation for acquisition of their land in the Village abadi area. 4.[3] The Notifications issued under sections 4 and 6 of the Act pertaining to Village Nangal Dewat were subject matter of challenge in a petition filed in this court: W.P.(C) 481/1982 captioned ‘Daryao Singh & Ors. v. Union of India’. 4.[4] At a hearing held before this Court on 02.08.2001, in the aforesaid matter, the Court was informed that an alternative piece of land for the purposes of residence of the persons whose land was being acquired had been identified and a scheme would be prepared for allotting alternative plots to residents of Village Nangal Dewat whose lands were being acquired. The persons whose names appeared in the Award would be eligible for allotment of an alternative plots under the scheme. In view of the above, the petitioners in W.P.(C) 481/1982 gave up their challenge to the acquisition proceedings and the petition was disposed of. 4.[5] On 19.09.2003, this Court passed another order in the disposed of writ directing the Government of Delhi to provide the list of persons whose names appeared in the record at the time of acquisition of land. The said list was also directed to be supplied to Delhi Development Authority (DDA) for the purposes of allotment of land to persons whose lands were acquired by the Government. Subsequently, on 29.10.2003, this Court further directed that the list of persons whose lands were acquired be filed in the Court by the Land Acquisition Collector and the Airport Authority of India (AAI) was directed to prepare a list of persons, who would be entitled for allotment of an alternative plot of land. 4.[6] Undisputedly, the list submitted at the material time indicated plots of land aggregating 631 sq. yards to be in the name of Late Shri Raghunath s/o Late Shri Shera and Late Shri Arjun Singh s/o Late Shri Shera. The relevant extract of the index Lal Dora Village Nangal Dewat, on the basis of which the Award (Award no.16/86-87) was passed is reproduced below:- EXTRACT OF INDEX LAL DORA VILLAGE NAGAL DEWAT AWARD NO. 16/86-87 S.NO NAME OF OWNER OF HOUSE SHARE KHASRA NO ARREA INSQ YDS REMARKS

113. A. Raghunath S/O Shera B. Arjuri S/O Shera ½ Share ½ Share 1243 380

245. A. Raghunath S/O Prabhu B. Arjun S/O Shera ½ Share ½ Share 1243 146

274. A. Raghunath S/O Prabhu B. Arjun S/O Shera ½ Share ½ Share 1243 105 4.[7] Certain objections were filed to the said list and certain persons also filed applications before this Court in W.P.(C) 481/1982 seeking impleadment and adjudication of various issues regarding their eligibility for allotment of alternative plots. The said persons were directed to approach the Nodal Officer with their grievances. 4.[8] Pursuant to the aforesaid directions, an application was made by the sons and grandsons of Late Shri Raghunath claiming that the land measuring 380 sq. yards in Khasra no.1243 had been incorrectly recorded as equal share to Late Shri Raghunath and Late Shri Arjun Singh. According to the said applicants, the plot of land measuring 380 sq yards ought to have been recorded in the name of Late Shri Raghunath, as the said plot of land was the subject matter of gift deed registered on 24.06.1950. 4.[9] The said contention was accepted by the Nodal Officer and by an order dated 08.12.2004, it was directed that the land measuring 380 sq. yards be recorded in the name of Late Shri Raghunath s/o of Late Shri Shera for the purposes of determining the eligibility for an alternative plot of land. Thus, out of the total land of measuring 631 sq. yards standing in the names of Late Shri Arjun Singh and Late Shri Raghunath, 505.50 sq. yards was reflected in the name of Late Shri Raghunath and the balance

125.50 sq. yards continued to be reflected in the name of Late Shri Arjun Singh s/o Late Shri Shera.

4.10 A consolidated list of 316 persons who were found entitled for allotment of rehabilitation plot was published on 16.12.2004 by the Nodal Officer. The names of Late Shri Arjun Singh s/o Late Shri Shera and Late Shri Raghunath s/o Late Shri Shera were reflected at sl.no.144 and 145 of the said list. The relevant extract of the said list read as under:-

┌───────────────────────────────────────────────────────────────────────────────────────────┐
│ Sl. No.             NAME OF      TOTAL           TOTAL            REMARKS                 │
│ W.P.(C) 7706/2012                                                      Page 5 of 16       │
│                                                                           2017:DHC:7891   │
│                     ENTITLED     AREA (SQ.     AREA (SQ.                                  │
│                     PERSONS      YARDS)        MTR.)                                      │
│ 144                 Late Rugh    505.50        422.66                                     │
│                     Nath s/o                                                              │
│                     Shera                                                                 │
│ 145                 Late Arjan   125.50        104.93                                     │
│                     s/o Shera                                                             │
└───────────────────────────────────────────────────────────────────────────────────────────┘

20. Insofar as the question of delay is concerned, the petitioners have explained the reason for not approaching this Court immediately after

2007. More importantly, the delay does not entitle the respondents to forfeit the compesation payable for acquisition of land and since the alternative plots have been allotted in lieu of acquisition of land, the respondents are not entitled to deny the same. The respondents cannot expropriate the land of Late Shri Arjun Singh without paying the due compensation.

21. In view of the above, the petition is allowed and the respondents are directed to allot an alternative plot measuring 100 sq. mtrs in Village Rangpuri to the legal heirs of Late Shri Arjun Singh after due inquiry and verification of their identity. The petitioners will fully cooperate with the concerned authorities by submitting the necessary documents to establish: (a) that Late Smt. Chandrawati was the sole legal heir of Late Shri Arjun Singh; and (b) the identity of all legal heirs of Late Shri Chandrawati.

22. The petition and pending applications are disposed of with the aforesaid directions.

VIBHU BAKHRU, J DECEMBER 19, 2017 MK