TATA COMMUNICATIONS LTD Vs. UOI
LAWS(DLH)-2019-11-145
HIGH COURT OF DELHI
Decided on November 25,2019

TATA COMMUNICATIONS LTD Appellant
VERSUS
UOI Respondents


Referred Judgements :-

GENERAL MANAGER,TELECOMMUNICATION VS. MADAN MOHAN PRADHAN [REFERRED TO]
AFLATOON BAHADUR ABDULRASHID NURUDDIN BAHADUR AFLATOON VS. LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI:LT GOVERNOR OF DELHI [REFERRED TO]
KALIYAPPAN VS. STATE OF KERALA [REFERRED TO]
SATENDRA PRASAD JAIN VS. STATE OF UTTAR PRADESH [REFERRED TO]
ANDHRA PRADESH STATE FINANCIAL CORPORATION A P STATE FINANCIAL CORPORATION VS. GAR RE ROLLING MILLS:KOTA SUBBA REDDY [REFERRED TO]
STATE OF HARYANA VS. DEWAN SINGH [REFERRED TO]
STATE OF TAMIL NADU VS. MAHALAKSHMI AMMAL [REFERRED TO]
RELIANCE PETROLEUM LIMITED VS. ZAVER CHAND POPATLAL SUMARIA [REFERRED TO]
SHARDA DEVI VS. STATE OF BIHAR [REFERRED TO]
UNION OF INDIA VS. KRISHAN LAL ARNEJA [REFERRED TO]
ORIENTAL INSURANCE COMPANY LIMITED VS. MEENA VARIYAL [REFERRED TO]
KALABHARATI ADVERTISING VS. HEMANT VIMALNATH NARICHANIA [REFERRED TO]
SHANTA TALWAR VS. UNION OF INDIA [REFERRED TO]
RADHEY SHYAM VS. STATE OF U P [REFERRED TO]
ARUN KUMAR AGGARWAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
DARSHAN LAL NAGPAL VS. GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. CHHABIL DASS AGARWAL [REFERRED TO]
UNION OF INDIA VS. SHIV RAJ [REFERRED TO]
ANIL KUMAR GUPTA VS. STATE OF BIHAR [REFERRED TO]
SOUTH CENTRAL RAILWAY EMPLOYEES CO-OP. CREDIT SOCIETY EMPLOYEES UNION VS. B. YASHODABAI [REFERRED TO]
LAXMI DEVI VS. STATE OF BIHAR AND ORS. [REFERRED TO]
K.B. RAMACHANDRA RAJE URS VS. STATE OF KARNATAKA & ORS [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [REFERRED TO]
DELHI METRO RAIL CORPORATION LTD VS. TARUN PAL SINGH & ORS [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. MUNNI LAL & ORS [REFERRED TO]


JUDGEMENT

G.S. Sistani, J. - (1.)The present writ petition had been originally filed by the Petitioner under Articles 226 and 227 of the Constitution of India primarily seeking the following reliefs:
"a. Issue a writ of certiorari or any other appropriate writ, order, or direction in the nature of, striking down and quashing the Notification bearing no.F9/11/L & B/LA/MRTS/9786, dated 13.09.2013 issued under Section 4 read with Section 17(1) and 17(4) of the 1894 Act, the purported declaration under Section 6, the purported declaration under Section 17(1) and Award bearing no.5/2013-2014 and any and all steps taken or proposed to be taken by the Respondents in pursuance thereof or in furtherance thereof;

b. issue a declaration declaring that the present acquisition proceedings suffer from malafide, arbitrariness and is a colourable exercise of power;

c. Issue a writ of mandamus or any other appropriate writ, or direction in the nature thereof, directing the Respondents to commence and hold fresh proceedings for acquisition of the acquired property in compliance with the applicable law;"

(2.)During the pendency of the petition, the petitioner filed CM 46888/2017 in order to incorporate an additional relief and ancillary amendments to the petition based upon the judgment of a coordinate bench of this Court in Tarun Pal Singh v. Lt.Governor, Govt. of NCT of Delhi & Ors.,2015 SCCOnLineDel 9789 whereby the proviso under Sub-section (2) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter 'the 2013 Act') was held to be applicable to Section 24(1)(b). Accordingly, the petitioner had sought to amend the petition seeking determination of the compensation in terms of the 2013 Act. The said application was allowed on 21.12.2017. However, during the pendency of the petition, the said judgment of this Court was reversed by the Supreme Court in Delhi Metro Rail Corporate Ltd. Vs. Tarun Pal Singh & Ors., 2018 14 SCC 161 and accordingly, the learned senior counsel appearing for the petitioner on 07.02.2018, fairly conceded that the new grounds raised would not be open to the petitioner.
(3.)The case arises from the acquisition of the land measuring 10,489.18 sq.mtrs. belonging to the petitioner at Village Bahapur, District Kalkaji, New Delhi for the purpose of the construction of Delhi MRTS Project, Phase-III.


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