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Issues Involved
1. Validity of the land acquisition proceedings. 2. Delay and laches in challenging the acquisition. 3. Entitlement to alternative land for rehabilitation. 4. Limitation under Section 11A of the Land Acquisition Act. Issue-wise Detailed Analysis 1. Validity of the Land Acquisition Proceedings The appellants challenged the acquisition of their lands under the Land Acquisition Act, arguing that the lands were acquired for the benefit of the International Airport Authority of India (IAAI) rather than for the planned development of Delhi, as stated in the notification. The court held that the acquisition was valid, noting that the "planned development of Delhi" is broad enough to encompass the development and expansion of the airport. The court reasoned that the IAAI did not exist at the time of the original notification, and thus the acquisition could not have been for the IAAI. The court also dismissed the argument that the acquisition was for a company and thus required compliance with Chapter VII of the Act, stating that the acquisition was for a public purpose and not for any company. 2. Delay and Laches in Challenging the Acquisition In one of the appeals, the High Court dismissed the writ petition on the ground of delay and laches, noting that the acquisition was challenged 21 years after the issuance of the notification under Section 4 of the Act. The court found no good reason explaining the delay in moving the High Court and upheld the dismissal of the writ petition, citing well-settled legal principles that undue delay in challenging acquisition proceedings is not condonable. 3. Entitlement to Alternative Land for Rehabilitation The appellants contended that they were entitled to alternative land for rehabilitation due to the acquisition of their lands. The court examined various documents and found no firm decision or scheme by the government to provide alternative sites for the relocation of industrial units. The court noted that the acquisition of land in village Rangpuri was meant for the rehabilitation of persons displaced from village Nangal Dewat for residential purposes only. The court held that in the absence of a scheme for the rehabilitation of industrial units, the appellants were not entitled to alternative sites for relocating their industries. 4. Limitation under Section 11A of the Land Acquisition Act One of the appeals raised the issue of whether the award made by the Collector was barred by limitation under Section 11A of the Act. The court noted that the award should have been made within two years from the commencement of the Land Acquisition (Amendment) Act, 1984, excluding the period during which an order of stay operated. The court found that the award was pronounced after the prescribed period, and thus, the acquisition proceedings lapsed. The court rejected the respondents' argument that the period taken to obtain a certified copy of the judgment should be excluded, stating that Section 11A does not provide for such exclusion. Conclusion The court dismissed the appeals challenging the validity of the acquisition and the entitlement to alternative land, upholding the acquisition proceedings and the dismissal of the writ petitions on the grounds of delay and laches. However, in the appeal concerning the limitation under Section 11A, the court allowed the appeal, declaring that the acquisition proceedings lapsed due to the failure to make the award within the prescribed period.
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