LI Network
Published on: 27 January, 2024 at 22:23 IST
In a recent verdict, the Delhi High Court has rejected petitions challenging land acquisition proceedings on the grounds that the expiration of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) (Amendment) Second Ordinance in 2015 should halt the acquisition process.
The bench, comprising Justice V Kameswar Rao and Justice Anoop Kumar Mendiratta, emphasized that the rights, privileges, obligations, and liabilities persist even after the cessation of the ordinance.
The Court noted that subsequent proceedings, including the issuance of a declaration under Section 19 of the Act of 2013, had taken place following the notification under Section 11.
These proceedings culminated in the finalization of the project, with the Delhi Jal Board submitting a payment of Rs. 6,69,12,500 for land acquisition towards the construction of a Waste Water Treatment Plant (WWTP).
Addressing the petitioner’s argument that these rights and obligations cease once the ordinance lapses, the court asserted, “In the facts and circumstances, we are unable to agree with the submissions of learned counsel for the petitioners that the rights, privileges, obligations and liabilities do not survive or endure, once the Ordinance has ceased to operate.“
The case involved challenges to land acquisition proceedings initiated under the RFCTLARR Act, 2013, specifically for the establishment of Waste Water Treatment Plants along the Yamuna River in response to directions from the National Green Tribunal in 2015.
The petitioners contended that the lapse of the RFCTLARR (Amendment) Second Ordinance in 2015 rendered the acquisition proceedings invalid. However, the court, considering the public interest and the necessity of the WWTP project, upheld the government’s declaration that the acquisition served a public purpose and was not open to challenge.
The Court concluded that any delay in the execution of the project would have been detrimental to the public interest and interconnectivity of WWTPs. Consequently, the petitions were dismissed.
Case Title: Yudhvir Singh & Anr. vs Govt. of NCT of Delhi & Ors.