PROPOSED SALE OF LAND IN RANGPURI (MALIKPUR KOHI), VASANT KUNJ

PROPOSED SALE OF LAND IN RANGPURI (MALIKPUR KOHI), VASANT KUNJ

• The Area falls within the Sector E of Vasant Kunj.

• The land in question is surrounded by new DDA Flats (constructed or under construction), and proposed India International Centre in the North, Western Green in south, Ridge in the East and Village Rangpuri in the West (Area and Location Maps are enclosed). 

• The Area in question was lying in doldrums on account of acquisition process initiated by the Government of Delhi.  The acquisition proceeding has finally come to an end on 04.05.2012 on account of quashing of the acquisition proceedings by the Hon’ble High Court of Delhi in view of the Order dated 27.04.2012 passed by the Hon’ble Supreme Court in Civil Appeal No.4062 of 2012.  The details are as under:

i)          The Government of NCT of Delhi issued a Notification bearing No.F.9(12)/95-L&B/LA/8431 under Section 4 read with Section 17(4) of the Land Acquisition Act on 01.06.1995 to acquire 75 Bighas and 05 Biswas of land in the village Rangpuri Alias Malikpur Kohi. 

ii)         Thereafter, Government of NCT of Delhi issued a Notification under Section 6 of the Land Acquisition Act on 17.11.1995.

iii)         The Vasant Kunj Enclave Housing Welfare Society filed a Civil Writ Petition No.4789/1995 before the Hon’ble High Court of Delhi in December, 1995. 

iv)        The Hon’ble High Court granted status quo in respect of property on 18.01.1996. 

v)         The Government of NCT of Delhi issued a Notification bearing No.F.9(12)/96-L&B/LA/9743 under Section 4 read with Section 17(4) of the Land Acquisition Act on 27.06.1996 to acquire 1337.04 Bighas of land in the village Rangpuri Alias Malikpur Kohi including the land in question. 

vi)        Thereafter, Government of NCT of Delhi issued a Notification under Section 6 of the Land Acquisition Act on 10.01.1997.

vii)       The Vasant Kunj Enclave Housing Welfare Society filed a Civil Writ Petition No.1953/1997 before the Hon’ble High Court of Delhi in May, 1997. 

viii)       The Hon’ble High Court granted status quo in respect of property on 28.01.1999.

ix)        The Hon’ble High Court vide its judgment dated 05.05.2006 was pleased to allow the aforesaid Writ Petition No.4789/1995 and quashed the notification dated 17.11.1995 issued under Section 6 of the Land Acquisition Act, leaving it open to the Government to take such appropriate action as may be permissible in law proceeding on the basis that no decision was taken by the appropriate Government under Section 17(4) of the Act in respect of the Land sought to be acquired by the Notification dated 1^st June, 1995 issued under Section 4 thereof. 

x)         The Government of NCT of Delhi on 25.08.2006 filed a Special Leave Petition (C) No.19473/2006 against the judgment dated 05.05.2006 passed by the Hon’ble High Court of Delhi and the same has been dismissed by Hon’ble Supreme Court on 27.04.2012. 

xi)        In view of the Hon’ble Supreme Court judgment dated 27.04.2012 the Hon’ble High Court was pleased to allow the Writ Petition No.1953/1997 and quashed the notifications issued under Section 17(4) and Section 6 of Land Acquisition Act on 04.05.2012.  

xii)       In the meantime, notifications issued under Section 4 of the Land Acquisition Act lapsed in view of the Judgment of the Constitution Bench of Hon’ble Supreme Court in the case of Padma Sundara Rao V. State of T.N. as reported in (2002) 3 SCC 533. 

xiii)       In view thereof, there is no hindrance whatsoever for selling the land in question.

• As per revenue record the land use of the area is agriculture but as per Master Plan 2021 prepared by DDA and approved by Ministry of Urban Development Government of India the area including the land in question has been declared and gazzetted for residential use in zone –J.

• Accordingly one of the plot owner in same J Zone has been granted permission by DDA to use the land for residential purpose.

• Earlier in 1993, the area was declared as Development Area by DDA but the same has been denotified in 2010 and the Area has been transferred to MCD for Development purpose.

• Maximum permissible FAR is 1.2 in the area.

• The Government has approved the construction of Urban relief road is of the width of 75 meters from Ryan International School to NH-8 and Dwarka Link Road via Shiv Murti cutting across the  land in question. The construction of which is proposed to start from January 2013.

       Prabhaat kabir singh 

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