In a significant legal battle, a Cooperative Housing Society contested the Delhi Development Authority in a land acquisition dispute. The Supreme Court of India recently rendered its judgment, dismissing the appeals and affirming the validity of the land acquisition proceedings. The case has implications for housing policies and cooperative sector preferences. Learn more about this crucial decision. #SupremeCourt #LandAcquisition #CooperativeHousing
Facts
- Enquiry under section 5A was dispensed with as section 17(1) was invoked.
- The acquisition has lapsed.
- The Government of India has a policy to ensure shelter to the citizens, and the cooperative sector is to be given preference for allotting housing sites to encourage housing.
- The appellant-society was not under liquidation at the time of issuance of the notification.
- On 29.9.2000 the declaration under section 6 of the Act was issued.
- The High Court allowed the writ petition in part, maintaining the notification dated 11.11.1999 under section 4 of the Act and quashed the same with respect to invoking the provision of section 17(4) of the Act.
- It was proposed to acquire the land for the Vasant Kunj residential scheme.
- The case pertains to land acquisition proceedings initiated by way of the issuance of notification under section 4 of the Land Acquisition Act, 1894 (the Act).
- The appeals were earlier heard by a Division Bench of this Court and decided vide order dated 26.2.2015.
- The society claimed the ownership of the land admeasuring 42 bighas 16 biswas situated in village Mehrauli, New Delhi.
- At the time of hearing of the appeal, it was submitted that in view of the provisions contained in section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (the 2013 Act).
- This Court disposed of the appeals and permitted the landholders to initiate appropriate proceedings before the proper forum/court claiming the benefit of section 4 of the 2013 Act.
- Miscellaneous Applications filed for revival of appeals due to adverse orders under section 24 of the 2013 Act
- Writ petitions were filed in the High Court of Delhi and were allowed
- D.D.A. challenged the High Court’s judgment and order in civil appeals
- Revived appeals were heard on merits
- Senior counsel urged for directing the Government to release land to Cooperative Housing Society for housing needs
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Arguments
- ARG_PETITIONER: The petitioner has argued that the area is no longer required and should be de-notified as per government policy.
- The prayer for de-notification of the land has already been rejected by the appropriate Government.
- The respondents’ counsel stated that the prayer for de-notification has been rejected and there is no basis for de-notification of the acquired land.
- The facts presented to the court are inaccurate.
- The appellants’ appeals have no grounds for interference.
- The presence of a Cooperative Society among the appellants does not alter the nature of the case, as this was considered during the original land acquisition.
- The State Government’s policy does not render the land acquisition illegal.
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Analysis
- Indulgence will not be granted in quashing the land acquisition proceedings.
- The appeals lack merit and are therefore dismissed.
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Case Title: JAGJIWAN COOP. HOUSE BLDG. SOC. LTD&ANR Vs. LT. GOVERNOR, N.C.T. OF DELHI .
Case Number: C.A. No.-003278-003278 / 2012
