NEW DELHI: A big chunk of land in northwest Delhi’s Kanjhawala has been freed by the high court for the Delhi government to develop it as an industrial hub.
A bench of Justices B D Ahmed and Ashutosh Kumar, in a recent order, dismissed a batch of 100 petitions challenging the land acquisition process. Delhi government’s land and building department had taken a large tract of land there for industrial development.
“The key point is whether the petitioners had any right in subject lands? As noted above, in the undertakings given by the petitioners in 2011, while opting for special rehabilitation package and receiving additional payments thereunder, they had clearly divested themselves of all their rights in respect of the subject acquired lands,” the bench observed, paving the way for government to go ahead with its proposed plan for the land.
In their plea, the villagers of Kanjhawala sought a declaration from the court that land acquisition proceedings, in respect of their lands, be deemed to have lapsed in view of provisions of the 2013 Act, which now governs land acquisition and compensation process in the country.
They said that though they have received compensation, they continue to be in actual physical possession of the land despite more than five years having lapsed since the government acquired it on paper.
But the L&B department through advocate Yeeshu Jain informed the court that actual physical possession of the lands in question had been taken by the Land Acquisition Collector and compensation had also been received by the petitioners/landowners. HC found that government had started the process to acquire the lands for development of “New Industrial Area” in 2005 and soon the landowners accepted the special rehabilitation package and received additional payments.
The court, dismissing the petition, said that when the 2013 Act came into effect, the villagers had given up all their right, title and interest in the land and could not claim any benefit.
Credits ET Realty