- (1.) The questions which arise for consideration in this appeal are whether the Government of NCT of Delhi could have invoked Section 17(1) and (4) of the Land Acquisition Act, 1894 (for short, the Act ) and dispensed with the rule of hearing embodied in Section 5A(2) thereof for the purpose of acquiring land measuring 80 bighas 15 biswas including 21 bighas 3 biswas belonging to the appellants for a public purpose, namely, establishment of electric sub-station by Delhi Transco Limited (for short, DTL ) at village Mandoli and whether the Division Bench of the Delhi 1High Court had rightly negatived the appellants challenge to the acquisition of their land.
(2.) For deciding the aforesaid questions, it will be useful to notice the events which led to the issue of notification dated 13.10.2009 under Section 4(1) read with Section 17(1) and (4) of the Act and declaration dated 9.11.2009 under Section 6(1) of the Act. 2.1 It is not clear from the pleadings of the parties and the record produced before the High Court and this Court as to when the decision was taken to establish 400/220 KV sub-station at East of Loni Road but this much is evident that by a communication sent in August, 2004, the DTL requested the Delhi Development Authority (for short, the DDA ) for allotment of land. For the next about 10 months nothing appears to have happened. Between June and October, 2005 different functionaries of DTL made some correspondence interse in the matter of establishment of the sub-station. On 5/6.12.2005, Manager (400/220 KV SS&L) sent a communication to the Commissioner (Planning), DDA wherein he emphasized that establishment of the sub-station was necessary to meet the power demand of East Delhi and particularly the upcoming Commonwealth Games. In his reply dated 8.2.2006, Joint Director (MP), DDA informed the DTL that allotment of sites suggested by it is not feasible because site A was developed as a park and site B was earmarked as a community centre. 2.2 Between January, 2006 and July, 2008, the officers of the DTL, the DDA and the Government of N.C.T. of Delhi exchanged letters on the issue of allotment of land for the sub-station. While the officers of DTL stressed the need for early allotment of land, the officers of the DDA repeatedly expressed their inability to allot the particular site by pointing out that the same was reserved for other purpose. On 28.07.2008, Secretary (Power), Government of NCT of Delhi-cum-CMD, DTL requested the DDA to change the land use of the particular site and inform the Government of N.C.T. of Delhi so that action could be taken for the acquisition of land under Section 17 of the Act. In that letter, it was also mentioned that due to paucity of land, the DTL has proposed to establish a GIS indoor type sub-station which could be accommodated in a space of about 200 x 125 meters as against the original requirement of 700 x 500 meters. The relevant portions of that letter are extracted below: In pursuance of above, a meeting was held with ViceChairman, DDA on 06.05.2008 wherein a request was made for the allotment of land in East Delhi. Officers of Delhi Transco Limited, State Transmission Utility, along with Officers of DDA and the concerned ADM of the area had identified the land in their joint inspection held on 30 th June, 2008. Copy of Khasra Nos. and their Report is enclosed as Annexure-I. However, in the meantime DDA informed that the land in question is not acquired by DDA. It was further informed that as per Master Plan, Agriculture/Green area can be utilized for Utilities. Copy of the letter No. F.6(4)2004/MP/D-127 dated 19.5.2008 is enclosed as Annexure-II. Since the establishment of the Grid Station is of paramount importance for strengthening the power supply in East Delhi, DDA is requested to change the land use and to inform GNCTD so that action be taken for acquisition of the same under Section 17, i.e., for the public utility. Earlier it was proposed to construct an outdoor 400/200 KV Grid Station but keeping in view the paucity and availability of land DTL has now proposed to establish a GIS indoor type sub-station which could be accommodated in a space of about 200 x 125 meters. It shall be appreciated if appropriate directions are issued to the concerned officers for doing the needful expeditiously. 2.3 After about one month, Joint Secretary (Power) sent communication dated 9.9.2008 to the Principal Secretary, Land and Building Department with the request that action may be initiated for the acquisition of the identified piece of land by invoking Section 17 of the Act. The relevant portions of that letter are extracted below: Hon ble Prime Minister of India has laid the foundation for 1500 KV gas based power plant at Bawana on 24.03.2008 being constructed by Pragati Power Corporation Limited, a company owned by Govt, of NCT of Delhi in order to evacuate and utilize the generation from this plant for the benefit of Delhi, a study was conducted by Central Electricity Authority which has recommended the establishment of a 220 KV substation in East Delhi for evacuation of power. Officers of Delhi Transco Limited along with officers of DDA and concerned ADM have identified the land measuring 200 M x 150 M in East Delhi for the proposed grid. Copy of Khasra Nos. and their report is enclosed at Annexure-1. Sketch showing broad location of the plot proposed to be acquired with Khasra Nos. of the proposed location is at Annexure-II. DDA has informed that the land in question is not acquired by DDA. However, as per Master Plan 2021, public utilities are permitted in all use zones. In this regard, a copy of Director (Planning) DDA letter dated 19.05.2008 is enclosed as Annexure-III. The proposed site has already been taken up with VC, DDA for change of land use (Annexure-IV). The commissioning of 155 MW power plant at Bawana is scheduled before the Commonwealth Games in October-2010. Therefore, keeping in view the urgency involved, kindly initiate the process for acquisition of identified peace of land in East Delhi in favour of Department of Power, GNCTD as provided under section 17 of the Land Acquisition Act at the very earliest. Soon thereafter, the Land and Building Department sent letter dated 30.9.2008 to Additional District Magistrate-cum-Land Acquisition Collector (North-East) to send the following information/documents: 1. Draft notification u/s 4, 6 and 17 along with the copy of Aks Sizra, field book etc. 2. Report after conducting Joint Survey. 3. 80% estimated compensation amount with Calculation Sheet. 52.4 After about six months, Deputy General Manager (Planning-I), DTL sent letter dated 6.3.2009 to Deputy Secretary (Land Acquisition) and informed him that land measuring 250 x 200 sq. mts. with approach road will be required to accommodate the proposed three voltage level equipment as against the requirement of 200 x 125 sq. mts. indicated in the earlier communications. The concerned officer also requested that the acquisition of 80 bighas 15 biswas land may be finalized as per the joint site inspection carried out on 12.01.2009. 2.5 On its part, the DDA sent letter dated 8.5.2009 to the Deputy Secretary (Land Acquisition) that a joint site inspection be carried out for finalization of the site. However, the latter sent communication dated 16.6.2009 to the DDA to issue NOC required for initiation of the acquisition proceedings. 2.6 In September, 2009, the Land and Building Department of the Government of NCT of Delhi prepared proposal for the acquisition of land measuring 200 x 125 sq. mts. by invoking Sections 4 and 6 read with Section 17(1) and (4) of the Act. This is evident from the notings recorded in paragraphs 56 to 61 and 63 to 65 of file bearing No. F.S(11)/08/L&B/LA, which are extracted below: 56. A requisition was received from Joint Secretary (Power) Department of Power for acquisition of land measuring 200 x 125 Sq. m. identified in East Delhi for construction of 400 x 200 KV grid station (Village Mandoli) vide their letter No. F.11(88)/2008/Power/2186 dated 09.09.2009 (P-6/C). Accordingly, the ADM/LAC (NE) was requested for draft notifications and other revenue records vide letter dated 30.09.2008 (P-7/C). 57. The ADM/LC (NE) vide his letter dated 31.01.2009 (P- 28/C) forwarded draft notification u/s 4 & 6 (P-26 & 27/C) for acquisition of land measuring 80 Bigha 15 Biswa. Copy of Joint Survey Report (P-23/C), copy of Field Book (P-20/C), copy of Asks Sizra (P-19/C) and Calculation Sheet for estimated compensation amount (P-25/C). 58. The revenue staff scrutinized the draft notification and some discrepancies have been found. The report of revenue branch may be seen at page (P-5 & 6/N). 59. Accordingly, LAC (NE) was requested for clarification vide letter dated 2/3/09 (page-29/C). A clarification was given by LAC (NE) in aforesaid context and may be seen at P-32 to 39/C. Report of revenue branch may be seen at page 11 & 12/N. Letter dated 30/7/08 and 6/3/09 received from Delhi Transco Ltd. regarding change of proposal may be seen at P.30 and 31/C. Delhi Transco Ltd. has given the justification for the change of proposal regarding requirement of land, i.e., 80 Bigha 15 Biswa instead of 200 x 125 Sq.m. 60. Vide letter No.F.6(4)2004-MP/265 dated 7/9/09 Jt. Director (MP) DD has informed that DDA has no objection with respect to proposed location of land for establishing 400/200 KV ESS subject to compliance of the following conditions:- a. Submission of a layout plan/location plan with description of the land under reference be submitted to ascertain the boundaries of the site. b. Justification for an area of 6.8 hact. against 2.96 hact. required for establishment of 200/400 KV ESS as per MPD-2021 norms. c. This is a Master Plan level utility for which change of land use will be processed after land is acquired. d. Submission of transmission route alignment plan as the surrounding area is thickly populated. e. The site shall not be used for any other purpose other than ESS. 61. As the matter is urgent and related to Commonwealth Games, if approved Hon ble L.G. may be requested to kindly approve acquisition of land measuring 80 Bigha 15 Biswa as per the draft notifications placed opposite for acquisition of land for establishment of 400 x 200 KV sub-station in villageMandoli and issuance of notification u/s 4 read with 17(4) and section 6 along with 17(1) of Land Acquisition Act, 1894. 63. May kindly see the proposal at page 21/N regarding acquisition of land measuring 80 Bigha 15 Biswa for construction of 400 x 200 KV grid station in village Mandoli. The proposal has been received from Power Department, Govt., of NCT of Delhi, which is available at page 6/C. It has been mentioned in the proposal that Hon ble Prime Minister of India has laid the foundation stone for 155 MW gas based power plant at Bawana on 24-3-2008 which is being constructed by Pragati Power Corporation Limited, a company owned by Govt., of NCT of Delhi. It has been also mentioned in the proposal that to evacuate and utilize the generation from this plant for the benefit of Delhi, a study was conducted by Central Electricity Authority which has recommended the establishment of a 220 KV sub-station in East Delhi for evacuation of power. The Power Department has requested that the acquisition of the above said land may be proceeded with under the emergency provisions of the Land Acquisition Act because 1500 MW power at Bawana is scheduled to be commissioned before the Commonwealth Games, 2010. 64. The Land Acquisition Collector (N/E) has prepared a draft notification under section 4 & 6 (page 26 & 27/C) after conduction the Joint survey report along with concerned department and copy of the same is available at page 23/C along with relevant records. As per the joint survey available at page 22/C and 23/C it appears that entire land is laying vacant except to Bhattas (Brick Kiln) and boundary walls in 3 Khasras. The DDA has also provided no objection for acquisition subject to certain conditions as mentioned in letter dated 07-09-09, which is available at page 64/C. 65. From the proposal of the Power Department it is clear that land is required for valid public purpose and urgent need for acquisition of the land has also been justified by the Power Department. Therefore, if approved, Hon ble Lt. Governor may kindly be requested to approve acquisition of land measuring 80 Bigha 15 Biswa as per the draft notification placed opposite for the public purpose namely for establishing 400 x 200 KV grid sub-station for Power Department in Village-Mandoli and issuance of notification u/s 4 read with 17(4) and section 6 along with 17(1) of Land Acquisition Act, 1894. 2.7 The Lieutenant Governor of Delhi accorded his approval on 26.9.2009 in the following terms: I have gone through the records and requirement of Delhi Transco Ltd. for acquisition of land for Establishment of 400x200 kv station at village Mandoli and the draft notifications prepared by LAC (North-East). I am fully satisfied that the land measuring 80 Bigha 15 Biswa is urgently required for above purpose. In view of the urgency of the scheme, I order that the provisions of section 5A shall not apply and notifications under section 4 read with 17(4), 6 & 17(1) of the Land Acquisition Act, 1894 be issued immediately. Sd/- Tejendra Khanna Lt. Governor Delhi 26.09.2009.
(3.) In compliance of the direction given by the Lieutenant Governor, the Government of N.C.T. of Delhi issued notification dated 13.10.2009 under Section 4(1) read with Section 17(1) and (4) for the acquisition of 80 bighas 15 biswas land. The declaration issued under Section 6(1) was published vide notification dated 9.11.2009. By another notification of the same date, Land Acquisition Collector (North-East), Delhi was authorised to take possession of the land on the expiry of 15 days.;