Delhi HC: Give Proper Compensation For Land Acquired By Govt

Delhi HC: Give Proper Compensation For Land Acquired By Govt Dated:18-02-2009 Source: UNI DELHI : The Delhi High Court asked the Land Acquisition Commissioner (LAC) to consult the Delhi Chief Minister Sheila Dixit to make a policy to grant adequate compensation to all those whose land was being acquired by the Government for development purposes. ‘I suggest the compensation should be granted on the basis of circle rates,’ Justice Sanjay Kishan Kaul said while hearing a petition of a resident who has been deprived of the market price while granting compensation for his land acquired by the Delhi Government. The Judge directed the LAC to adopt a uniform policy while granting compensation for the land acquired by them. The court asked the LAC to seek advice from the Chief Minister and form a committee to pay 80 per cent compensation to those whose land was being acquired. Yesterday, the court, while deciding a case of a 71- year-old man whose shop was acquired in the busy market of Yusuf Sarai (south Delhi) and was paid a petty sum of Rs one lakh as against market value of Rs 5.5 crores, lashed out at the State government for adopting multiple policies while granting compensation for the land acquired by them. A bench comprising Justices Sanjay Kishan Kaul and Sudershan Kumar Misra directed the LAC to give an alternate plot to the appellant, whose land at Yusuf Sarai was acquired for the upcoming Delhi Metro Rail Corporation (DMRC) project. Justice Kaul said, ‘We are aggrieved that on one side, the Government is allowing various projects to come up on the agricultural land and is seeking change in its land-use norms of the plots which are located within the city and on the other hand, when the question of compensation comes, it evaluates the price of the same at lower rates than fixed.’ He said when the government takes forceful possession of a piece of land, without the will of landowner, the latter should be suitably compensated taking into consideration the market price and its rental income. Petitioner Pushkar Dutt Sharma said his shop, along with 41 others, was demolished on November 11 last by the DMRC for its upcoming project. The septuagenarian alleged that he was paid only Rs one lakh as 80 per cent advance in compensation. The appellant said he had rented the shop and was getting Rs 1.5 lakh as monthly rent. But after the shop was demolished in November last, he was virtually on the roads with no income. Mr Sharma’s lawyer, Mr M L Lahoty asserted that the present market value of the land was about Rs 5.5 crore but the Government had assessed it at Rs one lakh only. Mr Lahoty said as per the rehabilitation rules, the Government had to give him an alternate plot and adequate compensation as per market value but nothing had been done so far. He also charged the DMRC with acquiring excess land than the notified one. Justice Kaul directed the LAC to measure the land and evaluate the veracity of the petitioner’s claim and make arrangements to give him an alternate plot at the earliest. The Judge directed the DMRC lawyer Mr Poddar that while determining the criteria of compensation, they must consider all aspects of rental realisation and compensate suitably. The Court told the Government lawyer that a person who loses his land suffers emotionally too and should be compensated for that as well.

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