New Delhi: Over 35 years after private land was acquired by authorities in Delhi to channelise the Yamuna, Delhi high court has enhanced the compensation payable to the affected landowners.In a recent verdict, the high court underlined that govt must award similar compensation to all similarly situated landowners and allowed a batch of appeals filed by the residents of the urban villages of Kilokari, Khizrabad, Nangli Razapur and Garhi Mendu. They had alleged they were discriminated against on the compensation.“Govt needs to keep in mind that the villagers whose lands are acquired are not willing parties but are parties who are compelled to sell their land to the state for a public purpose. Thus, failing to award similar compensation in similar areas would lead to discrimination,” Justice Tara Vitasta Ganju said. The court increased the payable amount to over Rs 2 lakh per bigha from Rs 89,600.The court said that since the land was acquired several years ago, the balance amount will be paid with interest by govt, which acquired the plots following a notification in 1989.It cited Section 28A of the Land Acquisition Act which said that “once a particular rate of compensation is judicially determined, the benefit of such a rate must be given to all persons whose land was acquired under the same notification.” The court was hearing over 100 petitions by residents of the four villages. They said they should get the same compensation awarded to Kilokari landowners as the land was taken under the same notification. The rate was assessed to be around Rs 2.07 lakh per bigha at the time of the acquisition.Opposing this, govt tried to distinguish these villages from each other, arguing that the land in some parts often got flooded. But, the court has rejected the argument.The land acquisition process for 3,500 hectares ended in 1995 and involved Wazirabad Barrage road, the Noida Bridge, and regularised unauthorised colonies of Batla House, Zakir Nagar, Kalindi Colony and some other areas.
