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2009 DIGILAW 1855 (PNJ)

Puran Singh v. State of Haryana

2009-10-28

JAGDISH SINGH KHEHAR, MEHINDER SINGH SULLAR

body2009
JUDGMENT J.S. Khehar, J. (Oral).:- Two primary contentions have been raised on behalf of the petitioner with the aim and object of seeking exclusion of the land of the petitioner from the acquisition notifications dated 19.10.2001 and 18.10.2002 (issued under Sections 4 and 6 the Land Acquisition Act, 1894). 2. The first submission advanced on behalf of the petitioner is, that inspite of the fact, that the respondents at the time of issuing the notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), had expressed its intention to acquire 333.12 acres of land, most of the land sought to be acquired had been released. The release of the land, according to the petitioner, was ordered on consideration of the objections filed under Section 5A of the Act, and even subsequently not only after the issuance of the declaration under Section 6 of the Act, on 18.10.2002, but even after the Land Acquisition Collector had announced his award. 3. The second contention advanced by the learned counsel for the petitioner is, that the acquired land surrounding the land of the petitioner, has been ordered to be released to the Sidharth Enclave Colony, and as such, the petitioner had been discriminated against, inasmuch as, the land of the petitioner has not been exempted from acquisition proceedings. 4. Insofar as, the aforesaid two pleas raised at the hands of the learned counsel for the petitioner are concerned, our attention was invited by the learned counsel for the respondents to the affidavit filed by the Financial Commissioner and Principal Secretary to Government of Haryana, Town And Country Planning Department. A perusal thereof reveals, that it was not justified on behalf of the petitioner to allege, that most of the land acquired was ordered to be released after the issuance of the notifications dated 19.10.2001 and 18.10.2002. In fact, the aforesaid affidavit reveals, that only about 24% of the land earlier sought to be acquired, was released after considering the objections/representations filed on behalf of the land owners. Insofar as, the issue of M/s. Sidharth Cooperative House Building Society is concerned, it would be necessary for us to extract the relevant factual position depicted in the aforesaid affidavit. Paragraphs 4 to 6 are, accordingly, being extracted hereunder: - “4. Insofar as, the issue of M/s. Sidharth Cooperative House Building Society is concerned, it would be necessary for us to extract the relevant factual position depicted in the aforesaid affidavit. Paragraphs 4 to 6 are, accordingly, being extracted hereunder: - “4. In so far as the land of M/s. Sidharth Cooperative House Building Society (hereinafter referred to as the Society) is concerned, it is submitted that after the issuance of notification under Section 4 of the Act for acquisition of land for Sector 2, Sonepat, the Society had filed objections on 8.11.2001 under Section 5A of the Act. It was stated therein that the Society is a registered Society and is registered with the Registrar of the Cooperative Societies, Haryana under the provisions of the Haryana Cooperative Societies Act, 1984 with effect from 13.9.1991 and that the main objective of the Society is to acquire land and to construct buildings for the mutual and collective benefits of members and to help them in providing houses and to establish and carry on sanitary, social educational residential activities for the benefits of the members. It was also stated that the Society applied for purchase of 30 acres of land to the Registrar of Cooperative Societies under Section 89 of the Haryana Cooperative Societies Act, 1984 for fulfillment and achieving its objectives to set up a residential colony for planned and regulated development with all modern facilities and that the sanction to purchase the land in the revenue estate of village Sultanpur, Tehsil and District Sonepat was granted by the concerned authorities on 30.6.1992. It was further stated that the Society had also applied to the Department of town and country planning, Haryana for the grant of license to set up a residential colony for its members with the necessary documents. It was further stated in the objections dated 8.11.2001 that the Society had also constructed roads, commercial buildings, market, Temple, office over the said land and has also provided the sewerage facilities and water supply to such houses of the members after taking consent from the concerned department. Taking into consideration the objections filed by the Society an area of about 25 acres was excluded from the acquisition proceedings while notifying the land under Section 6 of the land acquisition Act, 1894. 5. That the State of Haryana thereafter issued a notification under Section 6 of the Act on 18.10.2002. Taking into consideration the objections filed by the Society an area of about 25 acres was excluded from the acquisition proceedings while notifying the land under Section 6 of the land acquisition Act, 1894. 5. That the State of Haryana thereafter issued a notification under Section 6 of the Act on 18.10.2002. The Society again made a representation on 22.10.2002 stating that the Society has 827 members and has allotted the area in the form of 827 plots. The Society had already made provisions of amenties including water Supply, electricity and sewerage. It was further stated that the government had issued a notification under Section 4 of the Act on 19.10.2001 and the land of the Society was included in it. The Society had filed objections under Section 5A and part of the land was released. Now, the government has issued a notification under Section 6 of the Act and the land of the Society has been included in it. The representation of the Society was being processed but in the meantime, the award was announced on 14.10.2004 and the possession of the land was also handed over to Haryana Urban Development Authority. The Society again made representations dated 6.12.2004, 5.5.2004 and 6.6.2006 to the government for release of the land. It was stated by the Society that the Society had entered into an agreement with the landowners to purchase land. The colony of the Society was regularized by the government in the Urban Local Bodies Department vide orders dated 17.12.2004. 6. That government after taking the factual report from Deuty Commissioner, Sonepat regarding actual physical possession of the land involved in the respresentations, excluded from acquisition 25.181 acres of land on which the land owners and the Society was found to have the physical possession as per the above stated report.” 5. Since the factual position on the issue of quantum of land ordered to be released, as also, the reasons which weighed with the respondents in releasing the land of M/s. Sidharth Cooperative House Building Society have not been disputed at the hands of the petitioner. Since the factual position on the issue of quantum of land ordered to be released, as also, the reasons which weighed with the respondents in releasing the land of M/s. Sidharth Cooperative House Building Society have not been disputed at the hands of the petitioner. We are satisfied, that the release of the aforesaid land in favour of M/s. Sidharth Cooperative House Building Society not only after considering the objections filed by it under Section 5A of the Act, but even at subsequent occasions i.e. after issuance of the declaration under Section 6 of the Act, cannot be held to be arbitrary, nor can it be concluded that the petitioner has been discriminated in any manner, whatsoever. For the reasons recorded hereinabove, we find no merit in the instant writ petition and the same is, accordingly, dismissed. ------------------