SC upholds Delhi govt’s land acquisitions

NEW DELHI: The Supreme Court on Friday upheld the Delhi government’s land acquisitions in Mehrauli in view of the execution of the project for the Commonwealth Games, scheduled for October 3-14.

“We are satisfied that the existence of public purpose and urgency in executing the project before the Commonwealth Games, the adjoining land belonging to DDA being forest land as per the notification and also of the fact that the respondents (Union of India, DDA and others) have fully complied with the mandatory requirements, including deposit of 80% of the compensation amount, we are in entire agreement with the stand taken by the respondents as well as the conclusion of the high court (Delhi high court),” said a bench comprising Justices P Sathasivam and B S Chauhan.

Delhi Government on June 6, 2009, had published a notification under section 48 of the Land Acquisition Act, 1894, withdrawing its earlier notification for acquisition of land in Mehrauli in South Delhi. Earlier, a notification under Section 4 (1) of the act was issued on October 24, 1961, to acquire a vast chunk of agricultural land for the planned development of Delhi. A declaration under Section 6 of the Act in respect of such land was issued on January 4, 1969.

Notices were issued by the collector under Section 9 of the Act on April 26, 1983, after a lapse of almost 22 years from the date of notification published under Section 4 (1) of the Act. Thereafter, objections and claims were filed by the landowners on May 23, 1983. Some landowners, Rajinder Kishan Gupta, and others had approached Delhi HC challenging the validity of acquisition proceedings.

The high court, on May 25, 1983, directed to maintain status quo as on that date. However, on April 15, 2004, the high court dismissed the writ petitions. It also rejected the review petition. Aggrieved, the landowners moved the SC. On January 24, 2005, it granted status quo in respect of possession of such land. Thereafter, DMRC filed applications for vacation/modification of order of status quo on the ground that land measuring 26,187 square metre was required urgently for the construction of Chhattarpur Metro Station on Qutub Minar-Gurgaon Corridor.

On November 17, 2008, the SC clarified that the order of status quo will not come in the way of DMRC proceeding with fresh acquisition in accordance with the law. Thereafter, on January 19, 2009, the Land Acquisition Collector along with Delhi administration filed applications for modification of the apex court order.