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Online edition of India's National Newspaper Wednesday, August 22, 2001 |
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Warning to land-grabbers
By Our Staff Reporter
NEW DELHI, AUG. 21.
In a stern warning to white-collared land grabbers and
encroachers, the Delhi High Court today upheld the acquisition of
about 50 acres of prime land on which a sham sports club in the
name of Shanti Sports Club is being run.
A Division Bench comprising Mr. Justice Anil Dev Singh and Dr.
Justice M.K. Sharma also vacated the interim order staying the
acquisition notification by the Delhi Development Authority which
was later upheld by the Collector, Land Acquisition, in December
1980.
The Bench dismissed a bunch of writ petitions, including one by
Mr. Satish Khosla, president of the club. The club is located in
Masudpur village in Mehrauli in South Delhi.
The DDA had acquired the land for the Vasant Kunj Residential
Project which was held up due to prolonged litigation.
Meanwhile, the High Court and subsequently the Supreme Court had
upheld the acquisition proceedings in favour of the Government.
The Union Ministry of Urban Development had also rejected a
request by the club to denotify the acquisition saying that the
request could not be acceded as the land was required for public
purpose.
Counsel for the petitioners submitted that the then Minister for
Urban Development, Mr. Ram Jethmalani, had taken a decision to
denotify the land and regularise it in favour of the club.
The counsel submitted that Mr. Jethmalani had taken a final
decision to denotify the land AND that only terms and conditions
of the regularisation were to be settled.
They submitted that Mr. Jethmalani's successor, Mr. Jagmohan, had
declined to denotify the land by reversing the decision of his
successor though no power of review was vested with him
But the Bench dismissed their submission saying that the counsel
had proceeded on surmises and assumptions. ``The assumption of
the petitioners that Mr. Jethmalani has taken a decision to
denotify the land is without any foundation,'' the Bench said.
Similarly, the assumption that the then Minister had decided to
regularise the land in favour of the club also did not appear to
be correct, the Bench said.
The Minister's note as well as the one recorded by DDA at best
reflected the musings of Mr. Jethmalani. The Minister was only
pondering over the possibility of a negotiated settlement and
possible terms of regularisation on June 7, 1999, the 54-page
judgment said.
On the next day on June 8, Mr. Jethmalani had resigned and his
place was taken by Mr. Jagmohan; then how could the petitioners
claim that the former had taken a final decision on their
request, the Bench asked.
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