Case: Delhi Development Authority Vs. Munni Lal and Ors

The facts, in short, indicate that notification Under Section 4 was issued on 5.4.1995 for the acquisition of land for construction of Freight Complex (Narela) under Planned Development of Delhi. The emergency provision of Sub-Section 1 of Section 17 read with Section 17(4) was invoked. It was ordered that the provision of Section 5A shall not apply. Declaration Under Section 6 was issued on 22.12.1995 for the purpose of acquisition of land and the award was passed on 19.12.19973. The Petitioners-therein have filed writ petitions in the year 1996, however, they have withdrawn the same in 2012 with prayer seeking liberty to file fresh writ petition for quashing of the order rejecting the prayer with respect to de-requisition of land passed on 19.04.2012. Thereafter, fresh writ petitions have been filed in the year 2012. During the pendency of the writ applications, the Act of 2013 came into force. The High Court has quashed the acquisition; hence, the appeals have been preferred4. With respect to whether acquisition had lapsed by virtue of the provisions contained in Section 24 of the Act of 2013, the matter was referred to a larger bench and the reference has been answered by three Judge Bench of this Court in Indore Development Authority v. Shailendra (Dead) Thr. Lrs. and Ors. (Civil Appeal No. 20982 of 2017) on 8.2.2018. In view of the answers to the questions, the impugned orders quashing the acquisition on the ground of Section 24 are liable to be quashed and are set aside.

Reasoning: 7. Coming to the invocation of the urgency provision, in our opinion, when the public purpose of freight complex at Narela under Planned Development of Delhi was involved, obviously, there was urgency and the project was such that it could not have brooked any delay. Thus, invocation of Section 17 was proper. Merely by the fact that declaration Under Section 6 was issued in December, it could not be said that invocation of the urgency provision Under Section 17(1) and 17(4) was improper. The satisfaction of Lt. Governor as mentioned in the notification in the facts of the case was not appropriate considering the nature of the requirement. We are satisfied that notification Under Section 4 read with Section 17(1) and 17(4) did not suffer with illegality. The decision cannot be said to be applicable as there was an earlier acquisition which was allowed to be lapsed by efflux of time. The authority who dispensed with the inquiry was not made aware of the fact, thus, the decision has no applicationThere is no dispute with the aforesaid proposition. However, in the instant case considering the nature of the requirement and facts of the case, we find that invocation of the urgency Clause was appropriateThe decision is of no application to the facts of the instant case. Reliance has also been placed on Narain Govind Gavate and Ors. v. State of Maharashtra and Ors. 1977 (1) SCC 133   which rather negates the case of Respondents. Be that as it may, other cases relied upon are Dev Sharan and Ors. v. State of U.P. and Ors. JT 2011 (3) SC 102 , State of Punjab and Anr. v. Gurdial Singh and Anr., 1980 (2) SCC 471 , Hari Ram and Anr. v. State of Haryana and Ors., 2010 (3) SCC 621 , Patasi Devi v. State of Haryana and Ors., 2012 (9) SCC 503.  Each case has to be decided on its own facts. We find that there was an urgency in the present case and the requirement was urgent as such the provision was rightly invoked in the case10. In the second round of the litigation the aforesaid question is being again raised, though permission was sought to withdraw the earlier writ petition with liberty inter alia to question the order relating to de-notification and accordingly, the liberty was granted. Facts remain that dilatory tactics have been adopted by Respondents. There was no formal defect and it was not appropriate to withdraw writ petitions after so much period of 16 years. We are not satisfied on merits with respect to the submission raised by learned Counsel for the land owners and they have clearly adopted delaying tactics11. When we come to the question of de-requisition it is apparent that the order dated 19.4.2012 in the matter of Swarup Singh clearly indicate that the representation dated 27.8.2010 was actively considered by the De-notification Committee in its meeting held on 22.7.2011. The Committee did not recommend the de-notification Under Section 48(i) of the Land Acquisition Act, 1894 as the land was required by the DDA for relocation of Chemical Godowns and Development of Freight Complex at Narela under Planned Development of Delhi and the matter was placed before the Lt. Governor who after due consideration of the facts has rejected the prayer for de-notification of captioned land. Mind has been applied and considering the necessity, decision has been taken not to de-notify the land. The decision is appropriate and we find no infirmity in the same. Similar is the reasoning given in the case of Munnilal and others in the communication dated 19.4.2012. We find no infirmity in the same also.