87-yr-old operating round for 50 years for reputable dues; HC imposes value on Defence Department

New Delhi, September 11

The Delhi High Court has imposed a value of Rs 1 lakh on the Directorate General of Defence Estates (DGDE) which didn’t compensate an 87-year-old man whose land in Pathankot was taken by the authorities 5 many years in the past.

The High Court 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 throughout 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 Lal had been compelled to file this petition and pursue it as a result of full apathy proven by the authorities and their inaction.

“The petitioner is aged 87 years and even at this age he is being made to run around for his legal and legitimate dues,” it stated.

The man, represented by way of advocate Tarun Rana, stated that his agricultural land in Punjab’s Pathankot space was requisitioned by the DGDE for defence functions below the Requisitioning and Acquisition of Immovable Property Act, 1952 by way of 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. However, no quantity was paid to Lal until date.

Rana stated Lal, a social employee, even at this age was usually 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 route to the authorities to adjust to the 2011 order of the Punjab and Haryana High Court and make fee of the compensation as a result of him together with curiosity.

The quantity of compensation to be paid to the person just isn’t but clear.

The DGDE submitted earlier than the High Court that the matter was pending earlier than the Delhi Cantonment workplace for grant of sanction to make fee of the awarded quantity to Lal.

It stated within the standing report that every one efforts had been being made for making fee to the person and it could be made as and when the sanction was obtained from the Union Ministry of Defence.

The DGDE additionally raised objection over jurisdiction of the Delhi High Court to listen to the 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 (DGDE) 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,” stated Justice Chawla.

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 the DGDE because the Supreme Court by its October 2010 order had enhanced the compensation quantity to be paid to Lal and the choice of the apex 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 handed on October 26, 2010. The petitioner has been compelled to file the current petition and pursue the identical as a result of full apathy proven 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 the DGDE to pay compensation to the person in accordance with the apex courtroom’s verdict inside 4 weeks. PTI

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