Delhi HC sets aside award of Rs 353.8 crore by suspended DM in land acquisition case

New Delhi: The Delhi High Court has nullified an award of Rs 353.8 crore issued by District Magistrate (DM) Hemant Kumar, who was suspended from his position, in a matter of compensation for land acquisition inBamnoli village, southwest Delhi.

Kumar, a 2013-batch Indian Administrative Services (IAS) officer, had increased the compensation amount for a 19-acre land acquisition by the National Highways Authority of India (NHAI) from Rs 41.5 crore to Rs 353.8 crore during his tenure as the district magistrate of southwest Delhi.

The high court’s decision was based on the observation that the DM had made this award without giving the NHAI an opportunity to refute the additional documents submitted by the awardee, Subhash Chand Kathuria, a fact admitted by Kathuria's counsel in court.

The court held that the award was issued in blatant violation of the principles of natural justice and contained patent illegalities.

The implementation of this award would have imposed an additional financial burden of Rs. 312.3 crore on the government.

Notably, the DM had passed the award in May 2023 and sought endorsement from the Divisional Commissioner (DC). However, DC, Ashwani Kumar, promptly highlighted the misconduct, describing the enhancement of compensation as a "gross blunder" that could have adverse consequences on planned urbanisation and development.

Following this, Chief Secretary, Naresh Kumar, endorsed the DC’s views and directed an inquiry into the matter within a week by the Directorate of Vigilance. With the approval of Delhi's Lieutenant Governor, V K Saxena, a CBI inquiry was recommended to the Union Ministry of Home Affairs on September 20 along with departmental action against Kumar.

The Union Ministry of Home Affairs referred the case to the CBI for investigation on October 20 and concurrently, Kumar was transferred to the Andaman and Nicobar Islands on October 19. He was subsequently placed under suspension with immediate effect on October 20.