Punjab-Haryana High Court
Faridabad Ex-Sainik And Karamchari ... vs State Of Haryana And Another on 8 August, 2013
Bench: Surya Kant, Surinder Gupta
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.5335 of 1988 (O&M)
Date of Decision : August 08, 2013
Faridabad Ex-Sainik and Karamchari Cooperative House Building
Society Limited .......Petitioner
versus
State of Haryana and another .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE SURINDER GUPTA.
Present : Mr.A.K.Chopra, Senior Advocate with
Mr.G.S.Sullar and Mr.Sushil Jain, Advocates,
for the petitioner.
Mr.S.S.Patter, Senior DAG, Haryana.
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1. Whether Reporters of Local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Surya Kant, J. (Oral)
The petitioner is a Cooperative House Building Society consisting of retired Army Personnels and employees from different Government Departments and private sectors. The Society purchased land from different land-owners and got a licence in the year 1985 under the Colonization Act, 1975 and carved out residential plots of different sizes for its members.
2] The grievance of the petitioner-Society is against the notifications dated 20.4.1987 (Annexure P-6) and 19.2.1988 (Annexure P-8) issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'), respectively, whereby the State of Haryana has acquired land for its development and utilization as Institutional Sector-48 of Faridabad-Ballabhgarh Controlled Area. Vide these notifications, the land measuring approximately 18 acres Kumar Mohinder 2013.08.31 14:26 I attest to the accuracy of this order Chandigarh CWP No.5335 of 1988 (O&M) [2] owned by the petitioner-Society has also been acquired. 3] The petitioner's case is that it needs the acquired land for an equally important and bonafide public purpose, namely, to provide social security to its left out members. It is maintained that one patch of the land measuring about 7 acres is already utilized for the Septic Tank installed by the petitioner-Society and the other residential colonies including Arawali Vihar developed under the Town Planning Scheme, are using that facility.
4] The respondents in their written statement have averred that the petitioner-Society was granted licence for setting-up a residential colony on the land measuring 109 acres 15 marlas which is not under acquisition and that the subject acquisition has been made for regulated planning by HUDA for the following 'public purposes':-
"i) 12 plots of 6 marla category and 28 plots of 10 marls category;
ii) Part of primary school site;
iii)Part of site earmarked for Housing Board Haryana;
iv)Part of site reserved for Institution-cum- Group Housing;
v) 18 mts wide road, two 9 mts wide roads and service road along 30 mts sector dividing road..."
5] During the pendency of this writ petition, the parties have placed on record various additional documents/ affidavits etc., including the site plan Annexure A-1. 6] It emerges out from the record that the residential colony already developed by the petitioner-Society forms part Kumar Mohinder 2013.08.31 14:26 I attest to the accuracy of this order Chandigarh CWP No.5335 of 1988 (O&M) [3] of Sector-49 (residential Sector), Faridabad. Sector-48 (Institutional Sector) is just opposite to it on the Gurgaon- Faridabad road. Immediate to the petitioner's fully developed colony, the National Institute of Financial Management (for short, NIFM) has been set-up over a land measuring 40 acres. It also appears that the petitioner-Society's land measuring approximately 5 acres, shown in 'Blue' colour in the site plan, located on opposite side of Gurgaon-Faridabad road and which adjoins the land of National Institute of Financial Management (NIFM), was offered by the petitioner-Society and has been actually utilized by the NIFM. The afore-stated land is also a part of 18 acres of land of the petitioner-Society which has been acquired under the impugned notifications. 7] The site-plan on record indicates that about 4 acres land of the petitioner-Society adjoins the Society's fully developed residential colony and in fact, falls within the four- wall of that colony and is a part of residential Sector-49. Out of this land, about 1½ acres has since been utilized by the respondents for the widening of Gurgaon-Faridabad road for which the Society is said to have raised no claim. In addition, there is another piece of approximately 7 acres land owned by the petitioner-Society which falls in Sector-48 (Institutional Sector) and the same adjoins NIFM on the northern side of Gurgaon-Faridabad road. The petitioner-Society is said to have constructed a Septic tank on the western side portion of the above mentioned its 7 acres land.
8] Learned counsel for the parties have been heard and records perused in the light of the above explained placement of different partials of land of the petitioner- Society.
Kumar Mohinder 2013.08.31 14:26 I attest to the accuracy of this order Chandigarh CWP No.5335 of 1988 (O&M) [4] 9] Taking into consideration the fair stand taken by the petitioner-Society that it claims no compensation for its 5 acres of land utilized by NIFM, we find no rhyme or reason for acquisition of its land approximately 4 acres which actually falls within the residential Sector 49 and is in the four-wall of a fully developed residential colony. In fact, the said piece of land cannot be utilized for setting-up an 'institution' as it stands fully integrated into a residential colony developed by the petitioner-society. No public purpose thus, can be achieved by compulsory acquisition of the said land. Since the aforesaid land falls in Sector-49 (residential sector) and the acquisition under challenge is meant for development of Sector-48 (institutional sector), we are satisfied that the acquisition qua four acres of land (shown in 'orange' colour in the site plan Annexure A-1) falling in Sector-49 (residential sector) deserved to be quashed.
10] It is ordered accordingly.
11] So far as the land measuring approximately 7 acres
of the petitioner-society falling in Sector 48 (institutional sector) is concerned, it appears from the pleadings that the petitioner-society has already set-up a septic tank which is being used not only by the petitioner-residential colony but by other various residential colonies also. At the same time, the respondents have also mentioned more than one specific purpose(s) sought to be achieved through the subject acquisition which are ancillary and necessary for the development of Institutional Area.
12] The question that arises for consideration of the Subject Experts and the Competent Authority would be whether the land measuring 7 acres of the petitioner-Society, Kumar Mohinder 2013.08.31 14:26 I attest to the accuracy of this order Chandigarh CWP No.5335 of 1988 (O&M) [5] notwithstanding the operational septic tank installed there, can still be utilized for one or the other 'public purposes' specified by the respondents? It may not be expedient for this Court to express any opinion on this issue. Suffice it would be to observe that if there is no optimum use of the petitioner- Society's 7 acres of land for any 'public purpose', it would be equally detrimental to public interest to acquire such a land as it burdens the State exchequer without any utility. At the same time, if the respondents are sanguine that the land can be utilized for the notified public purpose and/or any other bonafide ancillary purpose, they may take an appropriate decision in this regard.
13] Consequently, we dispose of this writ petition with a direction to the respondents that so far as the land measuring 7 acres falling in Sector 48 (Institutional Sector) is concerned, the Principal Secretary, Government of Haryana, Department of Urban Town and Country Planning shall hear the petitioner-Society's representative, obtain a fact finding report and take an appropriate decision in accordance with law by passing a speaking order within a period of four months from the date of receiving a certified copy of this order.
14] Till then, both the parties are directed to maintain status-quo regarding possession.
15] Dasti.
(SURYA KANT)
JUDGE
August 08, 2013 (SURINDER GUPTA)
Mohinder JUDGE
Kumar Mohinder
2013.08.31 14:26
I attest to the accuracy of this
order
Chandigarh