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New Delhi:
The Delhi High Court has imposed a value of Rs 1 lakh on the Directorate General of Defence Estates (DGDE) which did not 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 stated the DGDE definitely can’t take the property of a citizen with out paying the due compensation on the “specious ground” of some sanction to be obtained from inside the Department.
“The petitioner (Mohinder Lal) has clearly been wronged and in fact, needs to be compensated for the same,” Justice Navin Chawla stated within the September 7 order.
The courtroom additionally stated 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 around for his legal and legitimate dues,” it stated.
The man, represented by advocate Tarun Rana, stated that his agricultural land in Punjab’s Pathankot space was requisitioned by the DGCE for defence functions beneath the Requisitioning and Acquisition of Immovable Property Act, 1952 by a March 1970 notification.
The advocate stated the primary order to pay compensation was handed by a trial courtroom in Punjab in 1987, then by the Punjab and Haryana High Court and in addition the Supreme Court, nonetheless, no quantity was paid to Mr Lal until date.
Mr Rana stated Mohinder Lal, a social employee, even at this age is frequently serving to needy sufferers coming to hospitals right here. He additionally helps them financially for his or her therapy.
The man approached the Delhi High Court in search of path to the authorities to adjust to the 2011 order of Punjab and Haryana High Court and make fee of the compensation attributable to him together with curiosity.
The quantity of compensation to be paid to the person shouldn’t be 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 fee of the awarded quantity to Mohinder Lal.
It stated within the standing report that every one efforts are being made for making fee to the person and will probably be made as and when the sanction is obtained from the Union Ministry of Defence.
DGDE additionally raised objection over jurisdiction of Delhi High Court to listen to this matter, which was rejected by the courtroom.
“As far as the objection on the jurisdiction is concerned, the same is only stated to be rejected inasmuch as the respondent no.2 (DGCE) itself admits that the compensation amount has not been paid to the petitioner only because of the want of sanction from the Authorities in Delhi to whom the proposal has been forwarded way back on December 21, 2017 followed with various reminders of the Principal Director, Defence Estates, Western Command, Chandigarh. Therefore, the cause of action has arisen within the jurisdiction of this court,” Justice Chawla stated.
Regarding the authorities’ submission that the fee shall be made as and when sanction is obtained from the Defence Ministry, the courtroom stated it was “a totally unacceptable justification” of DGDE because the Supreme Court 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 Court judgment deciding the quantum of compensation payable to the petitioner was passed on October 26, 2010. The petitioner has been forced to file the present petition and pursue the same due to complete apathy shown by the respondents and their inaction.”
“The respondent no.2 shall also pay costs of Rs 1 (one) lakh to the petitioner for the present petition,” the courtroom stated.
It additionally directed DGDE to pay compensation to the person in accordance with the Supreme Court’s verdict inside 4 weeks.
(Except for the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)
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