Dismissed

Govt of NCT of Delhi v. Rajinder Kumar Aggarwal & Ors.

Delhi HC13 Mar 2024LPA/215/2024

Case brief

AI extract

What is this about?

The appellant sought to challenge judgments directing the appointment of an Arbitrator for determining land acquisition compensation. The Delhi High Court dismissed the appeal, holding it barred by gross delay of 1453 days and laches, noting the orders were already acted upon and an Arbitrator was appointed.

What did the court decide?

The present appeal is dismissed both on the grounds of merit as well as delay.

Govt of NCT of Delhi Vs Rajinder Kumar Aggarwal & Ors. — Land Acquisition | Delhi HC (2024)

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$~33.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 215/2024 & CM APPL. 15306/2024, CM APPL. 15307/2024 CM APPL. 15308/2024

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GOVT OF NCT OF DELHI ..... Appellant Through: Ms. Rachna Srivastava, Sr. Advocate with Mr. Sanjay Kumar Pathak, Mr. Sunil Kumar Jha, Mrs. K. Kaomudikiran, Mr. M.S. Akhtar, Advs. versus

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RAJINDER KUMAR AGGARWAL & ORS. ..... Respondent

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Through: Mr. Anupam Srivastava, ASC, GNCTD with Mr. Deepak Jain, Advocate. Ms. Manika Tripathy, SC, DDA. Mr. Ripu Daman Bhardwaj, CGSC with Mr. Kushagra Kumar, Adv. Ms. Riya, Adv. for R-4.

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CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 13.03.2024

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Present appeal has been filed challenging the Judgment dated 21^st January, 2020, passed by the learned Single Judge in W.P. (C) 14025/2018, the Judgment dated 19^th May, 2022 in Review Petition 107/2021 and the Judgment dated 18^th November, 2022 in Review Petition 307/2022.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:45:19

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By way of judgment dated 21^st January, 2020, respondent no. 22/GNCTD was directed to notify the appointment of an Arbitrator under Section 7(1)(b) of the Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (LAA, 1948) for determining compensation payable to respondent Nos. 1 to 18. Pertinently, this was in continuation of an earlier order dated 19^th April, 1996 passed in W.P.(C) No. 2685 of 1993 directing appointment of an Arbitrator, which was acted upon by the Appellant in April, 1999 without any demur. Further, the Respondent also acted upon the judgment dated 21^st January, 2020 and appointed an Arbitrator for deciding the compensation amount.

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Vide judgment dated 19^th May, 2022, the learned Single Judge on an application filed by Respondent No. 6 held that the compensation shall be determined by the Arbitrator in terms of Sections 25 to 30 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR, 2013) along with the First, Second and Third Schedule of the Act.

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Vide judgment dated 18^th November, 2022, the review petition filed by the appellant against the judgment dated 21^st January, 2020, and judgment dated 19^th May, 2022, was dismissed. 5. Learned senior counsel for the Appellant states that the letter dated 26^th August, 1996 reveals that compensation of Rs 4,34,943.30/- was assessed by the competent authority and sanctioned by the Ministry of Rehabilitation. She states that the writ petitioners have failed to show that there was any disagreement with respect to the compensation determined by the competent authority. She, therefore, states that there was no occasion to appoint an Arbitrator in terms of Section 7(1)(b) of the Resettlement of Displaced Persons (Land Acquisition) Act, 1948.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:45:19

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Upon a perusal of the paper book, this Court finds that the present appeal is barred by gross delay and laches, inasmuch as, the present appeal has been filed after a delay of 1453 days against the initial order dated 21^st January, 2020. The said order as recorded hereinabove already stands acted upon by the Appellant on 15^th July, 2021 as the Arbitrator stands appointed. The Appellant herein is also seeking to in effect challenge the initial order dated 19^th April, 1996 passed in W.P.(C) 2685 of 1993 directing appointment of Arbitrator, which order was also implemented in April, 1999.

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This Court is of the view that there has been a very long delay in filing the present appeal. Further, the rights of the appellant have been protected, inasmuch as, the appellants have been given liberty to urge all its pleas before the Arbitrator in accordance with law. The Appellant without holding any inquiry with respect to its officers who filed the affidavit in W.P.(C) 2685 of 1993, which led to passing of the order dated 19^th April, 1996 for appointment of Arbitrator and explaining its admissions therein and thereafter the impugned order dated 21^st January, 2020; cannot challenge orders in this cavalier manner.

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Consequently, the present appeal is dismissed both on the grounds of merit as well as delay.

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ACTING CHIEF JUSTICE

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MANMEET PRITAM SINGH ARORA, J

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MARCH 13, 2024 N.Khanna

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:45:19

Govt of NCT of Delhi v. Rajinder Kumar Aggarwal & Ors.

Case brief

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What did the court decide?

Govt of NCT of Delhi v. Rajinder Kumar Aggarwal & Ors.

Case brief

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