Home India Government of The National Capital Territory of Delhi In exercise of powers conferred by clause b of subsection 1 ...
Date: 2021-07-22 Category: Extra Ordinary State: Union Government Country: India

In exercise of powers conferred by clause b of subsection 1 of Section 7 of the ReSettlement of Displaced Persons

Issued by Government of The National Capital Territory of Delhi · Land & Building Department

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Executive Summary & Key Takeaways

## Report on Government of National Capital Territory of Delhi Order Regarding Displaced Persons Land Acquisition Act, 1948 **1. Executive Summary:** This report analyzes an order issued by the Government of the National Capital Territory of Delhi concerning the Resettlement of Displaced Persons Land Acquisition Act, 1948. The order appoints Shri R.S. Verma as an Arbitrator to determine compensation related to land acquisition under the Act, specifically with reference to orders from the Hon'ble High Court of Delhi in Civil Writ Petitions No. 2685 of 1993 and No. 14025 of 2018. The key finding is that this order seeks to facilitate the implementation of the Act in accordance with judicial directives by providing a mechanism for compensation determination. **2. Introduction:** The purpose of this report is to provide information and analysis regarding an order published by the Government of the National Capital Territory of Delhi related to the Resettlement of Displaced Persons Land Acquisition Act, 1948, based solely on the provided policy text. **3. Policy Overview:** This order concerns the implementation of the existing Resettlement of Displaced Persons Land Acquisition Act, 1948, rather than introducing a new policy. * **Core Objective(s):** The core objective, as inferred from the provided text, is to determine compensation for land acquisition concerning the Resettlement of Displaced Persons Land Acquisition Act, 1948, under the guidance of the Hon'ble High Court of Delhi. **4. Background and Rationale:** This order constitutes an action to address specific court orders concerning the Resettlement of Displaced Persons Land Acquisition Act, 1948. The order indicates that Civil Writ Petitions (No. 2685 of 1993 and No. 14025 of 2018) necessitated further action concerning compensation determination. Therefore, the reason for this order is likely to ensure that the Act is applied correctly and in compliance with judicial rulings regarding compensation. **5. Key Provisions / Changes:** This order *does not amend the original Resettlement of Displaced Persons Land Acquisition Act, 1948*. Instead, it implements a specific action related to the Act. The key provision is: * **Appointment of Arbitrator:** Shri R.S. Verma, Additional Secretary, Govt. of India, Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhawan, New Delhi, is appointed as an Arbitrator. * **Purpose:** The Arbitrator's specific duty is to determine the compensation in terms of the said Act. * **Context:** This determination must be made with reference to orders of the Hon'ble High Court of Delhi in Civil Writ Petitions No. 2685 of 1993 and No. 14025 of 2018. The impact of this appointment is to establish a process for resolving disputes related to compensation, seemingly in response to the aforementioned court orders. **6. Target Audience and Stakeholders:** Based on the provided text, the primary target audience and stakeholders are: * **Displaced Persons:** Individuals or entities whose land is being acquired under the Resettlement of Displaced Persons Land Acquisition Act, 1948. * **Government of National Capital Territory of Delhi:** Specifically, the Land Building Department and the Evacuee Property Cell. * **The Arbitrator (Shri R.S. Verma):** The appointed individual responsible for determining compensation. * **Hon'ble High Court of Delhi:** As the order refers to specific civil writ petitions and compliance with court orders. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Lt. Governor of the National Capital Territory of Delhi issued the order. The Land Building Department, specifically the Evacuee Property Cell, is responsible for implementing the order. Shri R.S. Verma, as the appointed arbitrator, is responsible for carrying out the compensation determination process. * **Timelines or procedures:** The text does not specify particular timelines or procedures for the compensation determination. The arbitrator will likely follow standard arbitration procedures, while adhering to the court orders mentioned in the document. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this order is to facilitate the resolution of compensation disputes related to land acquisition for the resettlement of displaced persons under the Act, in accordance with the directives of the Hon'ble High Court of Delhi. This should provide a clearer path for land acquisition projects while ensuring fair compensation, hopefully leading to a smoother implementation of the Resettlement of Displaced Persons Land Acquisition Act, 1948, especially in cases previously subject to litigation. **9. Conclusion:** The order issued by the Government of the National Capital Territory of Delhi regarding the appointment of an arbitrator for compensation determination under the Resettlement of Displaced Persons Land Acquisition Act, 1948, represents a targeted action to address specific court orders. It aims to provide a mechanism for resolving compensation disputes and facilitating land acquisition projects related to the resettlement of displaced persons. While the order itself doesn't change the underlying Act, it clarifies the process for compensation determination in specific cases and highlights the government's commitment to complying with judicial rulings.

Key Entities Referenced

National Capital Territory of Delhi: The administrative territory governed by a Lieutenant Governor, where the order is issued. ReSettlement of Displaced Persons Land Acquisition Act, 1948: The Act under which powers are conferred for the appointment of an arbitrator. Shri R.S. Verma: Additional Secretary, Govt. of India, Ministry of Law Justice, Department of Legal Affairs, appointed as an Arbitrator. Ministry of Law Justice: The ministry to which the appointed arbitrator belongs. Department of Legal Affairs: The department to which the appointed arbitrator belongs. Shastri Bhawan, New Delhi: The location of the office of the appointed arbitrator. Civil Writ Petition No. 2685 of 1993: A legal case in the Hon'ble High Court of Delhi, dated 19.04.1996, referenced in the order. Civil Writ Petition No. 14025 of 2018: A legal case in the Hon'ble High Court of Delhi, dated 21.01.2020, referenced in the order. Hon'ble High Court of Delhi: The court that issued orders related to the compensation determination. TAPAN JHA: Asstt. Settlement Commissioner EP Cell who issued the order. Mayapuri, New Delhi: Location of the Government of India Press.
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रजिस्ट्री ु.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत ुर कार GOVERNMENT OF INDIA एस.जी.-डी.एxलxx.G-अID.H-x2x2x 072021-228411 SG-DLxx-ExG-2ID2E0x7x2x0 21-228411 अुाधारण EXTRAORDINARY प्राजधकार ु ेप्रकाजित PUBLISHED BY AUTHORITY ुं. 200] दिल्ली, बूृ स्ट्प जताार, िलु ाई 22, 2021/आीाढ़ 31, 1943 [रा.रा.रा.क्ष.ेदि. ुं. 94 No. 200] DELHI, THURSDAY, JULY 22, 2021/ASHADHA 31, 1943 [N. C. T. D. No. 94 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली ुरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI fnYyh] 15 tqykbZ] 2021 .—foLFkkfir O;fDRk;kas dk iqu%LFkkiu ¼Hkwfe vf/kxzg.k½ vf/kfu;e] 1948 dh /kkjk 7 dh mi /kkjk ¼1½ ds [k.M ¼[k½ }kjk iznÙk “kfDr;kas dk iz;ksx djrs gq, jk’Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ,rn~ }kjk flfoy fjV ;kfpdk la[;k 1993 dh 2685 fnukad 19-4-1996 rFkk flfoy fjV ;kfpdk la[;k 2018 dh 14025 fnuakd 21-1-2020 es a ekuuh; mPp U;k;ky; fnYyh ds vkns'kks a ds lanHkZ eas mDr vf/kfu;e dh “krksZa eas izfriwfrZ fu/kkZj.k ds fy, Jh vkj-,l- oekZ ] vij lfpo ] fo/kk;h ekeys foHkkx] fof/k ,o a U;k; e=a ky;] Hkkjr ljdkj ] “kkL=h Hkou] ub Z fnYyh dks **e/;LFk** ds :i es a fu;qDr djrs gSa A jk’Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ds vkns'k ls rFkk mlus uke ij] riu >k] lgk;d cUnkscLr vk;qDr ¼bZih lSy½ 4000 DG/2021 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] LAND & BUILDING DEPARTMENT (Evacuee Property Cell) ORDER Delhi, the 15th July, 2021 No.F.16/L&B/EP Cell/2013/1475-1478.—In exercise of powers conferred by clause (b) of sub-section (1) of Section 7 of the Re-Settlement of Displaced Persons (Land Acquisition) Act, 1948, the Lt. Governor, Delhi is pleased to appoint Shri R.S. Verma, Additional Secretary, Govt. of India, Ministry of Law & Justice, Department of Legal Affairs, Shastri Bhawan, New Delhi as an “Arbitrator” for determining the compensation in terms of the said Act, with reference to the Hon’ble High Court of Delhi orders in Civil Writ Petition No. 2685 of 1993 dated 19.04.1996 and Civil Writ Petition No. 14025 of 2018 dated 21.01.2020. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, TAPAN JHA, Asstt. Settlement Commissioner (EP Cell) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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