Punjab-Haryana High Court
Tara Chand & Others vs State Of Haryana & Others on 29 March, 2012
Bench: Hemant Gupta, A.N. Jindal
Civil Writ Petition No. 11880 of 2009 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.11880 of 2009
Date of decision:- 29.03.2012
Tara Chand & others ....Petitioners
Vs.
State of Haryana & others ....Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE A.N. JINDAL
Present: Mr. Arun Jain, Senior Advocate, with
Mr. Amit Jain, Advocate, for the petitioners.
Ms. Palika Monga, DAG, Haryana,
for respondent No.1.
Mr. Ajay Kumar Kansal, Advocate,
for respondent Nos. 2 and 3.
HEMANT GUPTA, J. (Oral)
The petitioners are owners in possession of the land comprising in Khasra No.1179, situated in Hansi, District Hisar. The said land was intended to be acquired vide notification dated 12.06.1995 under Section 4 of the Land Acquisition Act, 1894, for development and utilization of land as residential, commercial, industrial and transport related purposes. The petitioners challenged the said acquisition before this Court (CWP No. 5110 of 1997) and this Court passed the following orders on 02.04.1998:
"Mr. Chahar, learned counsel appearing for respondent No.2, states that the petitioners in C.W.P. Nos. 5090 of 1997, 5110 of 1997 and 5270 of 1997, shall be offered auto shop sites in the newly developed Auto Market after development at the reserved price on no profit no loss basis in order to mitigate the suffering of the petitioners. Mr. Chahar further states that it will be open to the Civil Writ Petition No. 11880 of 2009 2 petitioners to carry on the business in shops, that will be allotted, the present business or to switch over to the auto business and that as far as possible the petitioners will not be disturbed till such time they are accommodated on the alternate site.
Mr. Jain Seeks time to have instructions.
At his request adjourned to April 30, 1998".
Subsequently, the writ petition was disposed of when the following order was passed on 30.04.1998:
"This order may be read in continuation of our order dated 02.04.1998. Mr. Arun Jain, learned counsel appearing for petitioners in C.W.P. Nos. 5090 and 5110 of 1997 and Ms. Neena Madan, learned counsel appearing in C.W.P. No.5270 of 1997 have accepted the offer made by Mr. Chahar, learned counsel appearing for respondent No.2. In that view of the matter these writ petitions are disposed off in terms of the statement of Mr. Chahar recorded in our order dated 02.04.1998. It is, however, clarified that while allotting the sites to the petitioners, the size and location of the shops in possession of the petitioners at present shall be kept in view."
It was, thereafter, on 05.02.2009, each of the petitioners was called upon to deposit a sum of Rs.68,655/- as 10% of the reserved price, for participation in the draw of lots to be held on 18.02.2009. The petitioners challenged such action in CWP No. 4805 of 2009 titled as Mahinder Singh & others Vs. State of Haryana & others. The challenge was also made to the size of the plots being offered to the petitioners. This Court did not find any merit in the plea regarding size of plots to be allotted to the petitioners, but in respect of fixation of the price, the Court observed as under:
"Having regard to the limited scope of interference by this Court in the matters like fixation of price, I deem it appropriate to dispose of this writ petition with a direction to respondent No.3, the Estate Officer HUDA, Hisar, to furnish the detailed statement of accounts to the petitioners in representative capacity explaining the mode and method of price fixation. On furnishing of these details, it shall be open to the petitioners to accept the offered allotment."Civil Writ Petition No. 11880 of 2009 3
In pursuance of such directions, the calculations were furnished to the petitioners. As per the said calculations, the nodal price was fixed as Rs.6927/- per sq. meter by taking into consideration the land cost determined by the Land Acquisition Collector. Even though the nodal price was fixed as Rs.6927/- per Sq. meters, but still the price communicated to the petitioners was Rs.26,312/- per Sq. meters. Therefore, the respondents were directed to explain the discrepancies between the nodal price and the price claimed from the petitioners.
In terms of the said directions, the calculations to arrive at the price has been filed. Mr. Kansal, learned counsel for the respondents, has explained that the land cost of Sector 6, Hansi, as Rs.3,05,227/- to arrive at the nodal price, was not fixed on the basis of compensation awarded either by the Land Acquisition Collector or the District Judge, but keeping in view the notional price which may be payable for the acquisition of the said land. The calculations produced as Annexures R-1 and R-2 are after acquisition of the land and payment of compensation. The calculations (Annexure R-1) is based upon the enhanced compensation awarded by the learned District Judge vide Award dated 31.10.2002 and the calculations (Annexure R-2) is on the basis of enhanced compensation by this Court vide Award dated 26.04.2010. As per the calculation (Annexure R-2), the price comes to Rs.42,521/- per Sq. meters.
In view of the said fact, It could not be disputed that the calculations given in the said documents are incorrect in any manner. The said price is based upon 'no profit no loss' basis. Therefore, we do Civil Writ Petition No. 11880 of 2009 4 not find that the petitioners can dispute the price being claimed from them. The petitioners are liable to pay such price communicated in Annexure R-2.
Consequently, we do not find any merit in the present writ petition.
Dismissed.
(HEMANT GUPTA)
JUDGE
(A.N. JINDAL)
March 29, 2012 JUDGE
ajp/vimal