Document Fragment View

Matching Fragments

[Emphasis added]

15. By taking cue from the observations made by the High Court in last portion of paragraph 182 of its judgment and the statement made by the State's counsel before this Court, which finds mention in the last part of para 21 of the judgment reported in (1999) 1 SCC 15, a representation was made on behalf of appellant no.1 on 3.10.1997 to various functionaries of the Government and DDA for release of the land under Section 48(1) of the Act on the ground that several parcels of the acquired land have already been released in favour of Hamdard Public School, St. Xavier School, Sahabad State Extension Welfare Association, Village Pul Pehlad Ten Mehrauli and Sahabad Daulatpur. Another representation was made on 3.6.1999 for release of the land covered by the sports complex. These representations were considered in the meeting held in the office of the then Minister for Urban Development which was attended among others by the President of Shanti Sports Club and Vice Chairman of DDA and a decision is said to have been taken to de-notify the land in question and for regularization thereof in favour of appellant No.1. The President of appellant No.1 is said to have been asked to discuss the matter with the official of the DDA for working out the terms of regularization. On 8.6.1999, the Private Secretary to the then Urban Development Minister sought a report from the Commissioner of Planning, Delhi Development Authority in order to enable the Hon'ble Minister to take appropriate decision. On the same day, the concerned Minister recorded the following note in the file:-

"Extensive construction has taken place. This must be with full cooperation of the public servants concerned.
In accordance with the settled policy, no demolition can or will be ordered. At the last meeting, I indicated that suitable terms of regularization be settled by negotiations. I would leave this now to my successor."

16. The issue was then considered by the successor Minister in the Urban Development Department, who finally decided on 14.7.1999 that the land covered by the sports complex cannot be released because the development on the land was made after completion of the acquisition proceedings and making of the award and also because the land was needed for `Vasant Kunj Residential Project'. This decision was communicated to the appellants vide letter dated 9.6.2000, which reads as under:-

24. On the issue of discrimination, the Division Bench held that even if some other lands have been de-notified under Section 48(1), the same would be contrary to the purpose of acquisition and one wrong cannot justify another wrong.

25. Shri Mukul Rohtagi, learned senior counsel appearing for the appellants argued with his usual vehemence that the decision taken by the then Minister for Urban Development on 8.6.1999 for regularization of the construction made on the land in question was final and his successor was not justified in reviewing/reversing the same. He submitted that the Government is bound to respect the decision taken by the then Minister in favour of the appellant and mere change of portfolio or absence of formal notification under Section 48(1) of the Act cannot denude the earlier decision of its sanctity. Shri Rohtagi emphasized that if the decision taken by one Minister is overruled or overturned by his successor, the credibility of the Government will become questionable. Learned senior counsel further argued that even if the note recorded in the file by the then Minister for Urban Development on 8.6.1999 is not treated as a decision taken by the Government under Section 48(1) of the Act, rejection of the appellants representations is liable to be quashed on the ground of arbitrariness and non-application of mind. Shri Rohtagi made a pointed reference to the observations contained in para 182 of the judgment of the Full Bench in Roshanara Begum v. Union of India (supra) and the statement made by the counsel appearing on behalf of the State before this Court in Murari v. Union of India (supra) that the Government will consider each of the structure and take a decision in that respect and argued that the appellants prayer for withdrawal from acquisition could not have been rejected on the specious grounds that development has been carried out after acquisition of the land or that the same is required for Vasant Kunj Residential Project, more so, when power under that section had already been exercised in favour of Hamdard Public School, St. Xavier School, Shahbad Estate Extension Welfare Association, Scindia Potteries and others. Learned counsel pointed out that the sports complex constructed at the site has a cricket ground, tennis stadium, badminton courts, swimming pool, table tennis room, squash court where the people can play different games and sports under the watchful eyes of expert coaches. He submitted that the facilities available at the sports complex are of international standard, which can be used for various purposes including the impending Commonwealth Games and nobody is going to be benefited by demolition of the complex. Shri Rohtagi also referred to the guidelines issued by the Government of India, Ministry of Urban Affairs & Employment, Department of Urban Development vide letter No.K-13011/17/96-DDIB dated 5.3.1989 and submitted that on the one hand the Government is encouraging public private cooperation in development of the land for activities like construction of schools, shopping complexes, community centers, ration shops, hospitals and dispensaries, the sports complex constructed by the appellants by spending crores of rupees is sought to be demolished after a gap of more than 25 years. Learned counsel submitted that there is no sports club in Vasant Kunj and the appellants are willing to pay market price or offer half of the land for accomplishment of the residential project for which the land is sought to be acquired.

40. The facts of Sri Kishan's case were that 2570 bighas of land (approximately equal to 1580 crores) was acquired for the benefit of the Rajasthan Housing Board by publication of notification under Section 4(1) read with Section 17(4) of the Act. The learned Single Judge of the High Court dismissed the writ petitions involving challenge to the acquisition proceedings. On appeals filed by the land owners, Judges constituting the Division Bench expressed divergent opinions. Thereupon, the matter was referred to the larger Bench. By a majority judgment, the larger Bench quashed the notification issued under Section 17(4) and declaration issued under Section 6. During the pendency of appeals before this Court, a writ petition was filed by New Pink City Grah Nirman Sahkari Sangh. Therein it was pleaded that by virtue of the decision of the Minister-in-charge, Urban Development Department and the Chief Minister, the State Government must be deemed to have withdrawn from the acquisition within the meaning of Section 48(1) of the Act. This Court noted that the society, which claims to have purchased 525 bighas of land from khatedars, represented the Government to de- notify the land. The then Minister-in-charge, Urban Development Department recorded a decision in the file on July 20, 1984 that the lands be released, but his decision was overruled by the Chief Minister. After about five years, the society again represented for de-notification of the land. The Minister for Urban Development made recommendation in favour of the society. This time, the Chief Minister agreed with the Minister by observing that the land of the society was regularised according to the decision of the Cabinet. Thereafter, Deputy Secretary, Urban Development and Housing Department wrote a letter to the Secretary of the Housing Board that the Government has decided to release the land of the society. A copy of the letter was marked to the society. During the pendency of writ petition before this Court, an additional affidavit of the Secretary, Rajasthan Housing Board was filed with a categorical assertion that at no point of time any notification was issued withdrawing from the acquisition and the Beri Commission, which was constituted to look into the illegalities and irregularities committed by functionaries and officials of the previous Government, recorded a categorical finding that the decision to de-acquire the land of the petitioner - society was in contravention of the earlier decision of the Cabinet and was also contrary to law and against public interest. This Court held that the notings recorded by the Minister and Chief Minister for release of land in favour of the society, were totally unjustified.