Supreme Court: The Division Bench comprising of Rohinton Fali Nariman and B.R. Gavai, JJ., settled a decade-old land-acquisition dispute by directing NOIDA (New Okhla Industrial Development Authority) to pay compensation to the aggrieved land-owners who were dispossessed of their land by the authority without any land acquisition proceeding and without the authority of law.
Background
The Petitioner was the lawful and absolute owner and in possession of total land admeasuring 0.44325 hectares (4432.5 sq. meters) in Khasra No. 135 and 138 in Gautam Budh Nagar. In the year 2010, he was wrongfully and illegally dispossessed from his land by the Respondent without following due process of law and without any land acquisition proceedings. Being aggrieved, the petitioner approached the High Court of Judicature of Allahabad and later on to the Supreme Court seeking demarcation and peaceful vacant possession of the Petitioner’s land located inside the Dalit Prerna Sthal developed by the Respondent. The said petition was joined by a similarly placed and aggrieved intervener-petitioner 2, who had also lost his land admeasuring 1.32975 hectares (13,297.5 sq. meters) in Khasa No. 135 and 138 Gautam Budh Nagar, which was wrongfully taken over by the Respondent.
To unravel the issue, the Supreme Court had appointed Mr. Gaurav Agrawal as Advocate Commissioner to make a site inspection and produce a map stating who was in possession of what portion. Following the report filed by Mr. Gaurav Agrawal, the Bench had directed the ADM, Gautam Budh Nagar to furnish a report of demarcation. The report filed by the ADM made it clear that the parties’ lands had never been acquired and further revealed that NOIDA was indeed in possession of lands in excess of what was acquired under various notifications.
Final Order of the Court
After considering the ADM’s report, the Bench had directed the NOIDA to allot the petitioners appropriate land elsewhere admeasuring the extent to which the petitioner’s and the applicant’s land was taken over by them without authority of law. However, the matter was further contested by the NOIDA.
It was in the abovementioned backdrop that the Bench had appointed a valuer to conduct a valuation exercise on the disputed land and determine the market value as it was in the year of their dispossession; which was determined and even reiterated on being objected by the NOIDA at Rs. 20,000/- per sq. meter.
Consequently, while disposing of the matter, the Bench had awarded compensation to the petitioners at the rate determined by the valuer. The NOIDA was directed to pay the aforesaid sum to the petitioner and the applicant within a period of eight weeks. Though, the said final order was assailed by NOIDA in a review petition but the same was dismissed.
Contempt Petition
The instant contempt petition was filed to highlight wilful non-compliance of the above mentioned final order by the contemnor CEO of NOIDA by sleeping over repeated claim applications made by the petitioners seeking release of the awarded compensation.
In view of the above, the Bench directed NOIDA to release the awarded compensation (Approx 36 crores) in favour of petitioners.[Nayan Tara v. Ritu Maheshwari, Contempt Pet. (C) No. 316/2021, decided on 30-07-201]
Kamini Sharma, Editorial Assistant has reported this brief.
Appearance by:
For Petitioner(s): Mr. Vijay Hansaria, Sr. Adv. Mr. Sanjay Sarin, Adv. Mr. Mohit Paul, AOR Mr. Pratyush Miglani, Adv. Mr. Nikhil Verma, Adv.
Ms. Sunaina Phul, Adv.
For Respondent(s): Mr. Ravindra Kumar, AOR
Mr. Kamlendra Mishra, AOR
Mr. Gaurav Agrawal, AOR Mr. Mohit Paul, AOR