Diwali gift for Rohini plot buyers: SC dismisses farmers' petitions

Around 24,000 families waiting for the past 35 years for a plot in Rohini to build their dream home can finally breathe easy. The Supreme Court on Tuesday dismissed petitions filed by the farmers who had challenged the land acquisition. The DDA have all along been citing this as the biggest hurdle in developing several plots ahead of their allotment. The land owning agency had been telling the court that the villagers had even turned violent in their attempts to stonewall work for roads, drains and sewers.

Rejecting the eight petitions from farmers, a bench headed by Justice JS Khehar stated that any land acquired for Rohini Residential Scheme-1981, of any village of Rohini area, cannot be returned to former land owners at all and they can only apply for "enhanced compensation only" under New Land Acquisition Act.

LANDMARK ORDER

It is a landmark order for developing agencies and government authorities across the country facing litigations seeking return of the land once acquired for development purposes. However, even as the SC delivered the order, 5,000 applicants for the plots have already passed away.

Though the order was against farmers, it is the DDA which faces the real test as it cannot any longer take refuge in the "dispute with land owner farmers" argument to deprive fully developed plots to registrants.

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DDA OWES ANSWERS

DDA also owes some answer to the court as on a contempt petition filed by Rahul Gupta. He is one of the allottee who has been leading the legal battle for all registrants and is represented by advocates Prashant Bhushan and Rohit Kumar Singh. The SC bench has sought a status report on the compliance of its orders of March 10 last year to hand over developed plots to all the allottees by July 31 this year. The DDA gets three weeks time to do it.

The same bench had on that day issued an ultimatum to then DDA vice-chairman Balvinder Kumar to meet the deadline or face stern action.

"Things are not going right. This is a fraud being committed on the people. Not giving developed plots is a further fraud. The residential scheme was of 1981 and we are now in 2015. We are giving you time till July 31, 2016. If you don't complete allotment of fully-developed plots till then, you are in solid trouble. I repeat you are in solid trouble. DDA officials will be going to jail. Please do not take court orders lightly," the bench had told Kumar who had been summoned to the court.

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Drawing a time table, the court had said 11,000 allottees in sectors 28, 29, 30 and 34 should be given "fully developed land with water connection, road and sewerage that should be handed over by April 10, 2015"

The DDA and Tata Power Delhi Distribution Ltd were asked to make arrangements for temporary power connection to these areas by June 30, 2015. Permanent connections will be provided after that, as and when requested.

The bench also said the complete development of the remaining 14,000 plots in sectors 35, 36 and 37 should be completed by July 31, 2016 and electricity and water connections have to be provided in these sectors by June 31, 2016 - a month before allotment.

"It is the hard-earned money of the public. You shall not sit over it. If they have invested something, some benefits should flow out of it. And remember please do not give undeveloped plots. If there is some hindrance, we shall assist you. Call in the Delhi government authorities and the police. If the Transco (state transmission utility) is not cooperating in giving power, we shall direct them. Do not cite any excuse. Just give them the plots," the SC had told DDA bosses.