Mr. T.N. Singh, Dr. Sham Chand and Ms. Rajshree Singh, Advs v. GOVERNMENT OF NCT OF DELHI AND ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12631/2024 ANIL KUMAR JAIN AND ORS .....Petitioners Through: Mr. T.N. Singh, Dr. Sham Chand and Ms. Rajshree Singh, Advs. versus GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Chetan Sharma, ASG with Ms. Manika Tripathy, Standing Counsel for DDA with Mr. Amit Gupta, Mr. Shubham Sharma, Mr. Vikramaditya Singh and Mr. Numan, Advs. along with Mr. N. Saravana Kumar, VC, DDA, Mr. Ravi Shankar, Pr. Commissioner, DDA and Mr. Kishore Kshirsagar, Commissioner, DDA. Mr. Sanjay Kumar Pathak, SC with Mr. K.K. Kiran Pathak, Mr. Sunil Kumar Jha, Mr. Mohd. Sueb Akhtar and Mr. Divakar Kapil, Advs. for R-1 to 3. CORAM: HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON’BLE MR. JUSTICE ANISH DAYAL O R D E R % 08.09.2025 1. In compliance with the order of this Court dated 22nd August 2025, two affidavits of compliance have been placed on record, duly sworn by Mr. N. Saravana Kumar, Vice Chairman of Delhi Development Authority (‘DDA’); one dated 04th September 2025 and the other dated 06th September 2025. Photocopy of the affidavit dated 06th September 2025 has been made 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 11/09/2025 at 12:41:48 available to the Court as the same has not been attached to the office record of this Court. 2. We have heard Mr. Chetan Sharma, learned Additional Solicitor General appearing for DDA, who invited our attention to the aforesaid affidavit and admits that there have been administrative defaults on the part of the DDA; however, upon indulgence shown by this Court as reflected in the aforesaid order, DDA has taken corrective measures in the matter by issuing Notification under Section 4 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Act of 2013’) dated 06th September 2025, in relation to the land allegedly owned by the petitioners. According to him, pursuant to the proposals submitted by DDA, the State has issued aforesaid notification. 3. He also invites our attention to the timespan that the Land Acquisition Collector (LAC) shall be adhering to pursuant to the provisions of Sections 4/11/15/19 of the Act of 2013. It is urged that the timespan, which shall be required and adhered to, has already been reflected in Annexure R-3, which is a proposal submitted to the Director, Land Management, North Zone, DDA, Pitampura by the Additional District Magistrate, North Delhi District. 4. In addition, he has claimed that the Demand Drafts, photocopies of which are enclosed with the affidavit, are ready and shall be submitted to the Registry of this Court within a period of 5 days from today. 5. He further claimed that not only will the acquisition proceedings be completed pursuant to the aforesaid schedule as reflected in the communication issued by Additional District Magistrate, North Delhi addressed to the Director, Land Management North Zone, DDA, Pitampura 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 11/09/2025 at 12:41:48 but it shall be ensured that the advance compensation as offered along with the affidavit can be made over to the land owners, provided they establish their interest through documentary evidence. 6. He further claimed that the petitioners/alleged land owners must furnish appropriate surety to the effect that in case if their title is found to be under a cloud, the interest of the respondent/land acquiring body shall be safeguarded. 7. Mr. Sharma, in addition to the aforesaid, in response to the Court’s query, upon having instructions from the Vice Chairman of DDA, has assured that necessary administrative steps shall be taken so as to curb litigation for compensation to be paid to the land owners pursuant to the land acquisition carried out in past, and also that record of acquisition proceedings, including of the amount of compensation to be deposited with the Land Acquisition Collector (LAC), shall be computerized and shall be maintained against each acquisition proceeding. 8. Since the aforesaid statement is coming from an authority empowered, we accept the same. 9. We permit the respondent/DDA to deposit the amount and the petitioners/alleged land owner is permitted to withdraw the said amount upon satisfying the Registrar General of this Court, or the Registrar assigned for release of the compensation, of their identity and authentication of the ownership of the property in question by the petitioners/alleged land owners. 10. Petitioners/ alleged land owners, in addition to above, shall also furnish an undertaking to this Court that in case if their title is found to be defective in future, they shall make good the loss by re-depositing the said 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 11/09/2025 at 12:41:48 amount as directed at the relevant time with reasonable interest. 11. Having regard to the compliance reported hereinabove, we deem it appropriate to discharge the contempt notice issued to the respondent’s officers. 12. As regards the claim of the petitioners/alleged land owners of having handed over the possession to the respondent and his entitlement to compensation and damages, we permit them to lodge their claims to that effect with the DDA substantiating the said claim by placing on record supporting documents, including orders passed by the Apex Court and this Court, within a period of 4 weeks from today. 13. The Vice Chairman of DDA shall look into the said claims and pass a speaking order within a period of 12 weeks thereafter, and the order be communicated to the petitioners/ alleged land owners. 14. In case, if the order is adverse to the interest of the petitioners/ alleged land owners, it shall be open for them to approach afresh before this Court, in which case the claims shall be decided without prejudice to the rights and contentions raised in the present petition. 15. Having regard to the compliance reported, we dispense with the presence of the Vice Chairman of DDA. 16. The present petition is accordingly disposed of. 17. Order be uploaded on the website of this Court. NITIN WASUDEO SAMBRE, J ANISH DAYAL, J SEPTEMBER 8, 2025/mk/tk