Punjab-Haryana High Court
Sukhbir Singh And Anr vs State Of Haryana & Anr on 10 October, 2014
Author: Anupinder Singh Grewal
Bench: Anupinder Singh Grewal
CWP-21060 of 2014 1
117
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-21060 of 2014
Date of decision : 10.10.2014
Sukhbir Singh and another ...... Petitioners
Versus
State of Haryana and another ...... Respondents
CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
Present:Mr. Tushar Sharma, Advocate
for the petitioners.
***
ANUPINDER SINGH GREWAL, J.
The petitioners are stated to be owners in possession of agricultural land measuring 9 Kanals 7 marlas (4156 sq. meters) in revenue state of Village Murtzapur, Tehsil and District Faridabad. The land of the petitioners was acquired vide a notification under Section 4 dated 14.08.2008. They have sought quashing of notification dated 14.8.2008 (Annexure P1) issued under Section 4 of the Land Acquisition Act 1894 (hereinafter to be referred as 'the Act'), the notification dated 1.3.2012 (Annexure P4) issued under Section 6 of the Act and all subsequent proceedings arising out of the said notifications including order dated 25.07.2014 (Annexure P11). They have also sought mandamus directing respondents to release the land of the petitioners from acquisition. The petitioners had earlier preferred CWP No.14000 of 2010 challenging the notification under Section 4 dated 14.8.2008 and the declaration under Section 6 Act dated 30.8.2008 which was issued while invoking urgency provisions. Vide judgment dated 27.5.2011 (Annexure P2), this Court quashed the declaration under Section 4 dated 30.8.2008 as well as MOHAN SINGH invocation of urgency provisions and allowed the State to proceed from the 2014.10.14 13:54 I attest to the accuracy and authenticity of this document CWP-21060 of 2014 2 stage of Section 4 of the Act itself. This Court further allowed the land owners to file objections under Section 5-A and directed respondents and Land Acquisition Collector to make recommendations as per law. Accordingly the petitioners had filed objections which were taken into consideration and declaration under Section 6 of the Act was issued on 1.3.2012 (Annexure P4). The petitioners were also furnished a copy of the report of Land Acquisition Collector (Annexure P5) wherein it is stated that the land of the petitioners falls in the alignment of the road. The petitioners once again preferred CWP No.13449 of 2012 impugning the notification dated 1.3.2012 issued under Section 6 of the Act. The petition was disposed of vide order dated 14.1.2014 with directions to consider the claim of the petitioners and take further consequential action. In pursuance to the orders dated 14.1.2014 the Land Secretary-cum-Director General, Urban States Department, Haryana has passed the order dated 25.7.2014 (Annexure P11) which has been impugned in the instant writ petition. In the order dated 25.7.2014 it is stated that the request of the petitioners cannot be considered as petitioners land is required for alignment of the service road as well as green buffer falling between Industrial Sector 73 and residential Sector 76, Faridabad which has been incorporated in the Draft Developement Plan Faridabad 2031 AD which was notified on 14.7.2014.
We have heard the learned counsel for the petitioners. We are of the view that the impugned order (Annexure P11) dated 25.7.2014 cannot be said to be arbitrary or unreasonable. A perusal of the order dated 25.7.2014 indicates that out of the total land of the petitioners measuring (9 Kanals 7 Marlas) 4694.52 Sq. Mtr., a strip of land measuring 538.34 Sq. Mtr. falls in the alignment of 12 meter service road provided along the MOHAN SINGH 2014.10.14 13:54 I attest to the accuracy and authenticity of this document CWP-21060 of 2014 3 sector road. The rest of the land measuring 4156.18 Sq. Mtr. falls in the green belt between industrial Sector 73 and residential Sector 76, Faridabad. It is, thus, evident that a strip of petitioners land is needed for service road while the rest of the land is required for green belt which is ancillary to the notified public purpose of construction of sector roads. There is no gainsaying the fact that development of green belt is a necessary component of planned urbanization. The purpose of green belt cannot be faulted as they are the lungs of the urban areas and depletion of such spaces due to rapid urbanization is a cause for concern.
Further, as regards the apprehension of the petitioners that the land may be released in favour of any private developer it has been categorically stated in the order dated 25.7.2014 that no part of petitioners land shall be released to any private developer and shall only be used for the purpose of construction of service road and development of green belt.
Moreover, the petitioners objections under Section 5-A of the Act were considered while passing order dated 1.3.2012 and the petitioners claim has been duly considered while passing the order dated 25.7.2014. Therefore, there is no merit in the writ petition and the impugned orders cannot be faulted on account of arbitrariness, irrationality, illegality or mala fide.
Hence, for the aforestated reasons, the petition is dismissed.
(ASHUTOSH MOHUNTA)
ACTING CHIEF JUSTICE
Dated: 10.10.2014 (ANUPINDER SINGH GREWAL)
Mohan JUDGE
MOHAN SINGH
2014.10.14 13:54
I attest to the accuracy and
authenticity of this document