Supreme Court questions MCD's allotment amid pending litigation

Supreme Court questions MCD's allotment amid pending litigation

The Supreme Court of India took up a peculiar case involving a convoluted web of litigations spanning over three decades. The case, titled Municipal Corporation of Delhi v. Kirpal Singh, centers around a dispute arising from the acquisition of land by the Government of the National Capital Territory of Delhi (NCT) for the construction of a truck repairing complex at Samlakha, Delhi Gurgaon road.

The acquisition process was completed through an award on September 19, 1986, but before possession could be taken, the landowners approached the High Court seeking to maintain the status quo. Meanwhile, anticipating the acquisition, the Municipal Corporation of Delhi (MCD) had allotted plots to different individuals.

Over time, three separate proceedings emerged from the situation. One sought to challenge the property's acquisition, another sought to regularize unauthorized constructions on the land, and the third demanded possession of the plots allocated by the MCD to implement the development scheme.

The impugned order of 2009 by the division bench of the Delhi High Court directed the MCD to examine whether the unauthorized colony was to be regularized, considering previous judicial orders on the matter. The High Court also allowed the respondents (allottees) to seek alternative plots or other permissible reliefs against the MCD.

In the recent proceedings before the Supreme Court, a bench comprising Justices Surya Kant and Dipankar Dutta acknowledged the complexity of the case and emphasized the need for a comprehensive approach. The issues at hand included the validity of the acquisition, regularisation of unauthorized constructions, and the fate of the plot allottees.

Justice Surya Kant expressed his concern over the litigious nature of the case, remarking, "The problem is, you want to come to courts for everything." He further questioned the MCD's decision to make allotments while litigation was pending over the property.

The Supreme Court recognized that various writ petitions, contesting the acquisition, regularisation, and possession, had been listed before different benches over time, leading to conflicting directions that authorities found difficult to implement.

The apex court concluded that the allottees could not be granted possession under the new scheme unless the MCD took physical possession of the property free from all encumbrances. Similarly, if the competent authority decided to regularize the unauthorized constructions, the allottees would not receive their plots but might be entitled to some other form of relief.

As a result, the Supreme Court allowed the appeal in part and remitted the case back to the Delhi High Court for a fresh adjudication on all three issues through a common order. It also directed the MCD to consolidate the matters and list them before an appropriate bench.

Furthermore, the Supreme Court requested the Chief Justice of the Delhi High Court to prioritize the hearing of the case and issue a decision expeditiously, preferably within six months. This comprehensive approach aims to resolve the complex land dispute, providing clarity and effective remedies to all parties involved.

Case title: Municipal Corporation of Delhi v. Kirpal Singh| C.A. No. 4478/2013

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