DGDE can not take property of a citizen with out paying due compensation, the excessive courtroom mentioned
New Delhi:
The Delhi Excessive Courtroom has imposed a price of Rs 1 lakh on the Directorate Common of Defence Estates (DGDE) which didn’t compensate an 87-year-old man whose land in Pathankot was taken by the authorities 5 a long time in the past.
The excessive courtroom mentioned the DGDE actually can not take the property of a citizen with out paying the due compensation on the “specious floor” of some sanction to be obtained from throughout the Division.
“The petitioner (Mohinder Lal) has clearly been wronged and in reality, must be compensated for a similar,” Justice Navin Chawla mentioned within the September 7 order.
The courtroom additionally mentioned that Mr Lal has been pressured to file this petition and pursue it attributable to full lack of concern proven by the authorities and their inaction.
“The petitioner is aged 87 years and even at this age is being made to run round for his authorized and bonafide dues,” it mentioned.
The person, represented via advocate Tarun Rana, mentioned that his agricultural land in Punjab’s Pathankot space was requisitioned by the DGCE for defence functions below the Requisitioning and Acquisition of Immovable Property Act, 1952 via a March 1970 notification.
The advocate mentioned the primary order to pay compensation was handed by a trial courtroom in Punjab in 1987, then by the Punjab and Haryana Excessive Courtroom and likewise the Supreme Courtroom, nevertheless, no quantity was paid to Mr Lal until date.
Mr Rana mentioned Mohinder Lal, a social employee, even at this age is commonly serving to needy sufferers coming to hospitals right here. He additionally helps them financially for his or her therapy.
The person approached the Delhi Excessive Courtroom in search of route to the authorities to adjust to the 2011 order of Punjab and Haryana Excessive Courtroom and make cost of the compensation attributable to him together with curiosity.
The quantity of compensation to be paid to the person isn’t but clear.
DGDE submitted earlier than the excessive courtroom that matter is pending earlier than the Delhi Cantonment workplace for grant of sanction to make cost of the awarded quantity to Mohinder Lal.
It mentioned within the standing report that every one efforts are being made for making cost to the person and will probably be made as and when the sanction is acquired from the Union Ministry of Defence.
DGDE additionally raised objection over jurisdiction of Delhi Excessive Courtroom to listen to this matter, which was rejected by the courtroom.
“So far as the objection on the jurisdiction is worried, the identical is just acknowledged to be rejected inasmuch because the respondent no.2 (DGCE) itself admits that the compensation quantity has not been paid to the petitioner solely due to the need of sanction from the Authorities in Delhi to whom the proposal has been forwarded method again on December 21, 2017 adopted with varied reminders of the Principal Director, Defence Estates, Western Command, Chandigarh. Subsequently, the reason for motion has arisen throughout the jurisdiction of this courtroom,” Justice Chawla mentioned.
Concerning the authorities’ submission that the cost shall be made as and when sanction is acquired from the Defence Ministry, the courtroom mentioned it was “a very unacceptable justification” of DGDE because the Supreme Courtroom by its October 2010 order had enhanced the compensation quantity to be paid to Mohinder Lal and the choice of the highest courtroom ought to have been complied with.
“The land of the petitioner was acquired in 1970 and the Supreme Courtroom judgment deciding the quantum of compensation payable to the petitioner was handed on October 26, 2010. The petitioner has been pressured to file the current petition and pursue the identical attributable to full apathy proven by the respondents and their inaction.”
“The respondent no.2 shall additionally pay prices of Rs 1 (one) lakh to the petitioner for the current petition,” the courtroom mentioned.
It additionally directed DGDE to pay compensation to the person in accordance with the Supreme Courtroom’s verdict inside 4 weeks.
(Apart from the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)
