WP(C) No. 6623/2008 Page 1 of 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: April 29, 2009 + WP(C) No.6623/2008 & C.M. Nos. 12693/2008 & 5695/2009 DELHI PRADESH CITIZEN COUNCIL (REGD) ..... Petitioner Through: Mr. Jasbir Singh Malik, Advocate. versus GOVT OF INDIA & ORS ..... Respondents Through: Mr. Ajay Verma, Advocate for Respondent DDA. Ms. Zubeda Begum, Advocate for Respondent No. 4. Mr. A. K. Mishra, Advocate for applicants in C.M. No. 5695 of 2009 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL O R D E R 29.04.2009 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. WP(C) No. 6623/2008 Page 2 of 4 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. 4. Today a counter-affidavit on behalf of DDA was placed before us. As per the DDA, land measuring 628 Bighas 12 Biswas was acquired in village Aali. The DDA further stated that out of the acquired land, LAC/L&B Department handed over possession of 232 Bighas 5 Biswas of land to the DDA on 26th May, 1998 and possession of 8 Bighas 8 Biswas was handed over by LAC/L&B WP(C) No. 6623/2008 Page 3 of 4 Department to DDA on 28th July, 2004. However, as per the affidavit, the possession of remaining 387 Bighas 19 Biswas was not given to DDA because of the same being built-up. It was further submitted that possession of the acquired land is first handed over by LAC to L&B Department and only thereafter the L&B Department hands over the possession to DDA. The DDA also stated in the affidavit that Aali Vihar Extension is an unauthorized colony which apparently is in the list of „Unauthorized Colonies‟. The DDA also stated in the affidavit that as per the “Revised Guidelines-2007 for Regularization of Unauthorized Colonies in Delhi”, the following types of colonies or parts thereof would not be considered for regularization:- “Colonies/part of colonies which pose hindrances in the provision of infrastructure facilities or fall in the area of ROW of existing/proposed railway lines; Master Plan roads and major/trunk water supply and sewerage lines.” 5. As per the DDA, the land of village Aali Vihar forms part of the proposed “Integrated Freight Complex, Madanpur Khadar” Project, which is an infrastructure project falling in “Commercial and Transportation” use Zone. The DDA also stated in its affidavit that the total area of land as required for the Integrated Freight Complex, Madanpur Khadar is around 158 hectares. Of this, land admeasuring 51.23 hectares was handed over to DDA by LAC/L&B Department. Out of the land handed over to DDA, 31.68 hectares has been transferred to the Integrated Freight Complex, Madanpur Khadar. The rest of the land is earmarked for other purposes. Land admeasuring 32.72 hectares has been acquired but physical possession has not been handed over as it was heavily built-up. The WP(C) No. 6623/2008 Page 4 of 4 remaining land belongs to the U.P. Government. 6. The affidavit goes on to further state that the DDA has been regularly following up the matter with the U.P. Government for the land which is required for the Integrated Freight Complex at Madanpur Khadar. As per the DDA, the Integrated Freight Complex is planned to be constructed. However, the project would be implementable upon the land in possession of the U.P. Government becoming available. 7. In view of the fact of what has been stated hereinabove and the affidavit filed by the DDA, it is evident that DDA intends to set up the Integrated Freight Complex and is taking necessary action for the said purpose. In view of the same, nothing further survives in the present petition and the same is disposed of accordingly. All the pending applications also stand disposed of. CHIEF JUSTICE NEERAJ KISHAN KAUL, J APRIL 29, 2009 sb