RAGHUBIR SINGH Vs. DELHI METRO RAIL CORPORATION LTD.
HIGH COURT OF DELHI
Shri Raghubir Singh
Delhi Metro Rail Corporation Ltd. and Ors.
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Gita Mittal, J. -
(1.) THIS petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 placing its objections to the arbitration award dated 27th May, 2004. So far as the essential facts giving rise to the petition are concerned, there is no material dispute thereto and, to the extent necessary for adjudication of the present petition, the same are noticed hereinafter.
(2.) THE petitioner was allegedly running its business from property bearing No. 1/1142 B -1143, 1st floor, Railway Road, Shahdara. The Union of India and the Government of National Capital Territory of Delhi, in order to cut down the load of traffic on the existing roads and to ensure smooth flow of traffic has conceptualised the 'Mass Rapid Transit System'. In order to implement this project, it had necessitated evacuation of what was termed as the 'Project Affected Persons'. The petitioner has submitted that with the intention of rehabilitating such project affected persons, a circular dated 31st January, 2002 was issued by the Government of National Capital Territory of Delhi. As per this circular, a decision dated 10th December, 2001 had been taken by the Cabinet that the project affected shopkeepers as were verified by the concerned ADM/LAC would be recommended to DDA for making alternative allotment of developed plots at 'pre -determined price'. This circular contains guidelines for relocation or rehabilitation of affected persons evacuated for acquisition of property for the project of Delhi Metro Rail Corporation (hereinafter referred to as 'DMRC' for brevity).
(3.) THE respondent/DMRC has contended that the DMRC had no scheme or policy to rehabilitate affected persons. It simply places its requirement of land before the Government of NCT of Delhi who acquires land and allots it to DMRC on payment of requisite amount of consideration. The DMRC has also stated that it is not a land acquiring agency for the purposes of the Land Acquisition Act, 1894.;
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