S 330 i IAt 0 4 e CWP N14452 of2010 etc 1 4 1 1 e eeePetitioners t VERSUS Ihd StateofHaryana and others C 1 a e a 0 2eCWPNoe14451of2010 0 r Mls Uddar GaganPropertyPvt Ltde and others C eeePetitioners C r 1 1 VERSUS Z e C S0ateofHaryanaand others 0 e 1C 3eCWPN0014453of2010 Ram Mehar and others Ol CO eeePetitioners 49 m P VERSUS 4 5W ll StateofHaryanaand others Respondents CORAM 1 PRESENT Mr SumanJain Advocatefor thepetitioners MrRD SharmaDAG Haryana e Permod Koh Je 4 Based upon common factual and of law these eeA I 9ev 461104ve Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 331 1 CWP No14452of2010 etc 2 1 1 petitionswere heardand are being of by this common Facts to the fllingofthesepetitions are beingusefullynoticedhere inter PetitionersNolto 48in CWP No14452 of2010 lereinafterreferred to as the were the owners ofland 8383 acres situated in revenue estate of villagePehrawar Garhi Bohar and Khedi Sadh in Sector 27 District Rohtak Jamabandisfor the year 19989 and 20002001 1 to theaforesaidvillages do reflect theirownership at the relevant C timePetitionersNo2 to 73 in CWP No14451 of2010 lereinaftereferred 0 0 to as the owners were the owners ofland 8404 acres situated 1 C5 in revenue Estate ofvillage Garhi Bohar and Khedi Sadh in Sector 27 DistrictRohtak SimilarlyPetitioners Nol to 205 in CWP No14453 of C Z 2010 hereinafterreferredto as the ownerslwere the owners of land C 11304 acres situatedin revenue Estateof village GarhiBohar and Khedi Sddhin Sector27 District Rohtak State of Haryanaissued 015 NoLAC20021NTLA192 dated11A002 under Section40f 0 the LandAcquisition Act 1894 hereinaftereferredto as the 1894Actl wmn 2 toacquirethe lands describedhereabove other proposlng 1 tractsof land in theaforementionedvillagesfor allegedpublicpurpose namely of Sectors 228 District Rohtak This was notifled ln vlew of of Section 14of theHaryanaUrban AuthorityAct 1977 lereinafterreferred e that due to publicity to the to as the 1977 Act It lS 1 acqulSltlOllthenotiflcationhavingbeen in newspaperhavingIlO m w eaeee we Im 1 1 Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 332 1 CWP No14452 of2010 etc 3 r1 vvidecirculation all the owners of the land could not know about the Some of the Iand owners incIudingsome of the however objectedto the byfilingtheir objections underSection A ofthe 1894Act whenthevcame to know aboutthe It is howevel common case of the petitioners that their objections under Sectlon 5 were not of nor theywere any 61rther of belngheard It is alleged that without with the of Section 51 the Collector 1 0 with the Declaration under Section60fthe Act was Cao issued on 82003 The land in the meanwhile entered Cs lnto coilaborationagreementwith Mls Uddar GaganProperties Private 4tl Lilnitedarrayed as no9 in CWP No1445212010 petitioner nol 2 4 in CWP No14451 of2010and n0206 in CVVPNo14453 of2010 v Lrl referred to as the under the Act 1956 for of the area for group housingand O commercialpurposes on 232005 Underthe collaborationagreelnentthe ClO tC owners were to contributetheir land and theCompany to providellnancial nsv 2 andtechnicalhelpfor the of the land The CompanyWasalso Q authorised to obtainnecessary licence for establishment of the Housing Colonyand coinlnercial area 6om the competentauthoritySome of the landowners were issuednotices under Section 90f the 1894 Act asking themto submittheir claims It is that thesenotices were not served C4 upon all the owners Such ofthe owners who were servedwith notice under Sectioll 9filedtheir objeclionsagainsttheacquisition of the Iand and also Ue eS54 4 5ir il 4 Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 333 1 CWP No14452of2010 etc 4 n communicatedthat theyhavealready enteredinto collaborationagreement withthe for ofGroup Colony Governmentof Haryanafranled a policywith regardto erant of licenceunder the provisionsof and Regulation of UrbanAreasAct 1975andHaryana and of Urban Areas Rules 1976 hereinafterreferred to as he 1975 Ac and 1976 Rules The originalpolicydecisionwas takenon 21 1 999 W Q to allow StarredHotel ln the residentialzones of plansof 0 controlledareas which was followed by another decisiondated6 12000 0 notified vide policydecisiondated63 2000 It was decidedto approvethe C5 proposalto release the land by the Coloniser before issue of 1r notiflcationunder Section 40f the 1894 Act for which application for 2 commercial licencewas made Therealllerif lhe DirectorTown and Country 0 PlanningHaryana flnds thatthe case lS fit for grantof commercialicence he will obtainthe concurrence ofthe government for grantof licence This j CQ decisionwas formulatedfor the of urban areas and G of resources for the Statein the shapeof conversion charges Z scrutiny fee and external charges Cle Petitioners herein appliedfor llcence on 2132005 under the 1975 Act in the prescribed fonn LC I for grant of licence to developgroup colonyover the tracts of Iand of the for which collaborationagreementswere executedwith the ColnpanyThe petitioners in CWP No4452 of 2010 deposited an amount ofRs36870001 vide demanddraft dated2132005 as licence fee 4na e40s0 vr640 19188 1 1 r S 1 4b 1 e n 1Z Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 334 1 9 1 Pv CWP No14452of2010 etc 5 f Rs3393A401as scrutlnyfee in respectof 8383 acres of land Similarly petitioners in CWP No445 1 of 2010 appliedfor licence on 21 2005 lIl respectof 8404 acres of land for which Iicence fee of Rs20 20001 1 scrutillyfee amounting to Rs3401940 were paidvide deinanddraft dated 2032005 Similar was madebypetitloners ln CWP No 14453 of 2010 for grantof licence on 19A006 in respectofland 11304 acres A licence fee of Rs00 lacs vide demanddraft dated 1 C 172006 an additionalamount ofRs39000001 and Rs4100 Iacsvide 0 demanddras both dated 26A2006 were deposited with the 0 Petitioners contentionis that despitedeposit ofthelicence fee and scrutiny a fee did not decide the for grantof licence and to pass the award dated 62005 It is further case of the Z 41 petitioners that even when the award was passenone of the land owners n i receivedthe nor of the land was 0 taken over by the Collector or any other authoritypursuantto the O C12 acquisitionPetitioners have placedon record copiesof Khasra girdawaris r m for Kharif 2007 to establish their over the Iand The Company Z 0 noA9 in CWP No14452 of 20101received a communlcatlon tl dated 123005 from the District Town Planner certain deficienciesand asked for furtherinformation111 respect of the lands in questionThe Companyvide its letter dated 21 62005 not onlyforwarded the requisitedocumentsbut also made clarifications to remove the GWe deficienciespointedout by the The of the petltioners havingnot been decided the petitioners filed CWP No 1894of 044a4 4 v 5 Iv r Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 335 CWP No14452 of2010 etce 6 J Swaj Singhvs State of Haryanaand otherslchallenging the under Sections4 and 60f the Act with the further prayer to for settingup ofgrouphousing colony inrespectof thetracts of Iandindicatedhereoove While issuingnotlce of motionand askingthe to ascertainthe status of the case statusquo qua the was orderedto be maintainedvide order dated 72006 no issued memo dated 196 2 006 to the 1 that therequestof the for grantof licence C petitioners and it is to grantlicence The has been 0 0 petitloners were to certainIornlalitiesand were also C5 askedto furnlsh25Io bankguarantee on the estilnatedcosts of internaland t external works etc Chargesfor intemal and extemal Z r works were also specifled in the aforesaidcommunicationIt m 0 washowever mentionedto grantlicence in respectof land c 5189acres out of 8388 acres in CWP No14452 of 2010 A similar letter a5 ClO was issuedto in CWP No 4451 of 2010 proposlngto grant C licence in respectof 603 acres out of 8404 acres whereasno decision was aW Z taken in respectofland ofthe in CWP No4453 of2010 Apart tl om above one of the conditionswas that the to whom it is to licence will withdraw the writ petitionPetitioners withdrew CWP No 1894 of 2006 on 1872006 reserving to challenge the portion of the land for whlch 4evw letter of intent has not been issued Since the did not grant licence in respectof the remaining Iand filed another CWP n4 4 Il M r ll Sl Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document b 336 e el CWP No14452 of2010 etc 7 of20066Ram Bhagatand othersvs StateofHaryana and othersl seekingdirection for grantof licence for the remaining land Thls wrtt petitlon was however withdrawn with liberty10 approach the to the letter of intent issued in the lneantime Petitioners in CWP No14452 of 2010 have been grantedlicence Nos1081 to 1104 dated 192006 in respectof land 589 acres Slmilarlylicencehas been issued in respectof land 60A3 acres in favour of writ j 1 in CWP No14451 of2010 But no Iicence has been granted Ill 0 0 favourofwrit petitioners ln CWP No4453 of201 0 C4 Petitioners rnade a dated 23 007 to W5 IlOeLa This remained pendingwith the In the meanwhile the State reviewed lts earlier policy 111 Z 5r of acquisition and grantof licence for group and m Q commerciaI of urbanareas and a new policy C wasnotifiedin the year 2007 lide memo dated3092007 Relevantextract c ofthis policyis hereunder ClO 4 ma 4That the policylralne work for release of Z land64oln hasbeen and 11m this includesthe paralneters vide memo no3130200712TCPdated3082007 19Norequestwill be consideredafter one year ofaward Onlythose requests will be consideredby the where obections under Sectioil 51 were flled W44er6we41rAS 4n4161wp689770 6n V Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document a 337 e 8 CWPNoe14452of2010etc where structures have been 6 2 Any requestor constructedwlllonlv be consideredf0r the release underSection48 the structure exlsts prtor toSection4 andis inhabitec which 31Any factory or 4 will be consideredfor eisted prior to release owned by 4 Any religious institutlonor any l11 Will alsobeconsidered for release 0 C 5 Any land in respectof which an under of C Section30f the Haryana 197has been madebythe owners UrbanAreas Act 4t 21 for convertingthe land into a pnor to the C colonymay also be for releae subject to 1 4 t of lhe land shouldbe theconditionthat the 06 the notiflcationunderSection40fthe Act prlorto OCl releaseOf lnd lll a4t 6 The Governmentmay also j amvo Z the of and for 1 Clm the 11 thelands where theowners have 11 anylandon otherthan above Section48 of ll the 6m ll 4 ly circumstances theAct under 99 forthereasons tO berecordedin wrlting tv S799 V 1 2n e l Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 4 338 4 CWP Noe14452of2010 etce 9 1 4eI Receivingno response ln respectof lheir dated 32007 the lnadeanother dated l42007 to the ChiefMinister of the Statefor grantof licence in respectof the remaining Iand This too was not Petitionersthus filed three lIl writpetitions CWP NosA767 of 2008 4808 of 2008 and4809 of 2008 of the lands detailed hereabove All the writ petitions were of by this Court by a colninon order with a direction to 1 to consider the for grantof Iicencefor 1r therelnainingland and dispose it of in accordancewith law and as per 0 C policywithin a periodof threemonthsfrom the date of receipt government C5 of certifiedcopy of the order It was further directedthat till the above I stated is decided statusquo with regard to the be Z 1t rnaintalnedbythe parties which would mean thatthe shall also m 0 notraiseany constructionor changethe nature ofthe land in any lnanner 4t As a consequence of the aforesaiddirections no vide 06 memo dated3062008 askedthe to appearin person for 00 C of accordingly before m Z no2 on 432008 and placedtheir case before him Despite Il appearance no orderhas been issuedbythe for grant of licence for the remainingland wlthin the stipulatedperiodThese have accordingly been filed seekingdirections for grantof Iicence inrespectof landsspecified in eachof thepetitions ie 31 94 acres situated eeeme 111 Pehrawar Garhi Bohar and Khedi Sadh in Sector 27 District Rohtak236 1 acres situated lIl villageGarhi Bohar and Khedi Sadh 111 euer rIPYr 9eepee m eee mlmeem 4w Oe e 1 I Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 339 1 CWP Nol4452 of2010 etc 10 ea Sector27 District Rohtak and 11304 acres tneasuredby as 93631 acres situated in village Garhi Bohar ln Sector27 District Rohtak Two sets of replieshave been filed by no 1 and 2 While the entire factual averments made in the writ petitions the of the land by the their for grantof Iicence and releaseof the partof the land and grant m of licence to the in CWP No14452 of2010 and 14451of2010 Q 0 it lS statedthat of the land where the Rabi crop was standing Cm could not be taken over by the Estate Officer HUDA RohtaklLand 0 Collector Hissar as the land owners were granted time upto 4 30A2005 at theirrequest the matter was referredto the Z Comlnissioner Rohtak who vide his reportdated 173 2006 Q the of the Iand owners uplo October 2005 Ar Z Thereafteron account of status quo issued by the HighCourt in CWP 08 Nos1893 and 1894 of 2006 of tracts of land for which licence 10 t couldnot be takenover froin the It is rther stated mm was Z Vlo thatin respectof remaining land it was that the same was not ll consideredflt havingbeen vested in the govemment on 6A2005 of which was taken and handed over to the Estate Officer HUDA RohtakIn respectof the directionsof the High Court issued in CWP NoA767of 2008 to decide the for grantof Iicence for remaining C landwithin thiee months it 1S statedthat after affordinghearingto the andtheir counsel the file was forwardedto the government for Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 340 lJl e CWP No14452 of2010 etc 11 1 Section 3 f the 1975Act deals with themakingof an application for licencebythe owners ofland paymentoflicence fee conversloll charges to develop a colonyDirector 1e no has been to consider bytakinglnto considerationtheparameters undersubsection 21of Section3 which interalia relatesto the title of the land extent and Sltuatlon of the Iand capacity to developcolonythelay m r out ofthe colonyetc Rule 30f 1976Rules the manner of making 0 and documentsto be annexed thereto Rules 4 and 5 require 0 certaln conditionsto be fulfllled for of the colonywhereas CD Rule 8 deals with the powers of the Director to hold an enquiry and Rule 9 c dealswiththe ofthe 2 t In consonance with Section3 of the 1975 Act the StateGovernment m 1 forgrantoflicence vide mcmo dated2881991It 1C was decidedto acquireland not onlyby HUDA and Private Sector for C but even individualswere to acquireland for Clo 41 and to a licence It was further decided in cases nwm Z where have appliedfor llcence or have acquiredland but could Z not applyfor licence before the issue of acquisition notiflcation releaseof landcould be considered on individualmeritsofeach case Thispolicywas reiteratedvide policy dated 6 2 000 where under it was G furtherdecidedhat where the land is by the Colonizer before issuance ofnotiflcationunder Section 40fthe Land Act and the Director Town andCountryPlanningHaryanadecides to issue licence Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 7 341 CWP No14452 of2010 etc 12 5 releaseof such land from may be allowed for This 7 policywas furthermodifledon 3092007 whereunder the releasewas even allowed after and passingof the award under the Land Act where the owners contlnue to be in or have obtainedstayorders with regardto their in their replyhave not dealt with the relatingto the possesslonof the over thetract of lands subjectmatterof these m 1r writ petitionsthough petitioners have speciOcaI ly pleadedthat they 0 contin ue to be in oftheland even atter the passlngof the award 0 tlll the date of filingof thesepetitions Such avermentshave been made in C 9 and 10 of the writ petitionsIn addition to the averments lIl I the theyhave also placedon record Khasra for the 2 period 2007 1 even two years after the passingof the award to A Ol substantiatethe factumof their These averlnentshave not been 4C 2 denied in replyto these With a view to avoid the answer to the O O speciflc averments it 1Spleaded thatHUDA and Land AcquisitionOfflcer 4r ava Rohtak have not been as party as theyalone can Z comment on theclaim of the the physical possesslon Ll In have referred to RapatRoznalncha which also establishes that was allowed to relnain with the owners ln view of Rabi crops standing in the year 2005 The of C the over the land cannot be disputedas there is no materialon recordto establishthat at any time before or afterthe passing of award the or was taken over from them bythe Land AcquisitionCollector 411Al4edVWaV 41 041Ae4eb524473 4 4 Fe Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 342 J CWP No14452 of2010 etc 13 any other competent To the contrary whlle of CWP NosA767 of 2008 and 4808 of 2008 and 4809 of 2008 vide order dated 2032008 status quo with regard to the of the was maintainedthoughthe were also restrainedfrom raising constructlOll and the nature of the Iand This further the petitioners claim of same havingbeen protecledby this Court When the matter was heardand reserved Statewas asked to produce m Q the record relating to the paymentof licence fee scrutinyfee as also 0 considerationof the of thepetitioners for grantof licence and 0 the possession C5 The have the record I have examined the record In all the awards passed lIl Z respect of land in questionthereis stipulation of existenceof crops over the m land and on oral requestof the land owners theywere allowed to reap the cropsby3042005 On the dayof passingof the awards 1 62005 a O ClO document was sayingthat the handed over This C mm documentis neither signedbythe land owners nor the persons to whom the Z is said to be delivered It is also relevant to note that the total ll land acquiredby these three awards is 2804 acres and the above relates to the entire land withoul any exceptionThe total land of the petitioners is 28095375 acres I have also perused the CW in Files producedby the StateIt has been recorded that thephysical possession of the land has not been taken and continuesto be with the land owners thoughpaper was takenover on the r 9 1 1 4 1 69 t6 nrl Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document IO 343 91 1 14 CWPNol4452of2010etce of passing of the awardSaIt hasfurtherbeen recordedthat the land havenot receivedany for the acquired land On this owners to the Government by the DTP Bl basisthe was 24A006 for consideration of grantof licence on the conditions on also come on recordthatthe for grant of licence are in order andtheentire land lor which the licence has been for is lyingvacant at slte m As theland 8450 acres relatingto CWP No14452 C recordedthat this landfalls in Sectors26 of2010is concemedit has 0 0 27 and 28 No were initiatedlIl of land 0 underSector 26 andthe for of landunderSector only 73Ol acres ofland falls 28 was not It is furthernotedthat C Z is absolutely no reason lo refuselicence in respect 111Sector27 Thus 1 to land in Sectors26 and28 J to the policiesof the The have madespecific 045 from time to time release of landright State Government Co 4r the to 30907These policies are 111operatloIl as on date from 2 Z forreleaseof the land not onlyafter All thesepolicieslnter alia 1u under Sections4 and 60f the Land AcqulsltlOn issuanceof ofthe flnal award the Act but even afterthe passing of the 1975 Act has been madepriorto the passing of underSection3 forconverting theland into colonyandthe was the owner C award 1 under Section40f the Act Another of the landpriorto the the continUeStO be with the owners and 1 where category1S 01 1 1 141 l 1 Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document ie 344 1 CWP No14452of2010 etc 15 4 1 thereis stayagainst byCourts Claimsof thepetitioners are coveredbythe government policiesreferredto herevabove Section 48 of the Land Act provides for releaseof the landfromacquisition ofwhich hasnot been taken This Section readsas underl 48Completionof acquisitionnot but to be awarded when not m 0 Except111 the case providedfor lIl Section 36 the 0 Government shall be at Iibertyto withdraw from the CA0 of any land of which has not been C5 taken C 62Whenever the Governmentwithdraws from any such Z the Collector shall determinethe amounl of m Q due for the damage suffered by the owner C r 111 of the notice or of any o5 ClO thereunder and shall pay such amount to the person 1C e interested with all costs incurred by Z him in the of the under this Act Il relatingto the said land 63Theprovisions of Part III of this Act shall applySo far as may be to the determinationof the payable underthis Section It is common case of the parties that the notiflcation under Section 4 I ll 4 Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 7 345 16 CWP No14452of2010 etce 1I A2002 and declarationunder Section 6 was made on on was issued 1 4 82003 whereas the for Iicence were made on March 2 1 2005exceptland in CWP No4453 of 2010 where the was madeon 27A2006 underthe of 1975Act Final award caine to be on 6A2005 I4romthe record it appearsthat the actualphysical ofthe landrelnainedwith the owners all alongThis Courtwhile of CWP NosA767 of 2008 4808 of 2008 and 4809 of 2008 m the of the The claim of the 0 the has not been establishedTo the 0 takingover 0 the of the has not been Neither contrary C5 from the reply nor rom the record lt lS established that CJ possessionwas evertaken lrom the petitioners at allV stagePart ofthe land Z flom has been releasedby the Governlnent in exercise a r underSection4811ofthe Land Act priinarily on the C ground that the remainedwith the owners It is not the case of 06 the that the petitioners are not or entitledfor grantof ClO C of Section30f the 1975 Act and 1976Rules Grant of licence ln terms AaW2 Z licence fol partof the land is to indicatethat the fulfil Om all under Section3 21 of the 1975 Act and the Rules4 and5 readwithgoverninentpolicyfor grantof licence There is no of the of the for grantof Iicence within 1 threemonthsas by this Courtvide orderdated 2532008 passed C ln CWP NosA767 of 20084808 of 2008 and 4809 of 2008 In CWP No14453of2010 it 1S bythe that has 4 1 V1 j r 1 n 4 4 1 t Pooja 2014.05.22 12:24 True Copy of the Original PHHC, Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 1 346 P 1 CWPNo14452of2010etc 17 been flled after more than one year of the colnpletlon of the acquisition and over the possessionIt is also mentionedthat therewasno stay againstthe appliedland in CWP No 14453 of 2010 1frolnthe HighCourt This averlnent IS COlltrary to even official record ofthe government It is POSItiOll thatthelandis lying vacant at site In so far as thepleaof therespondents of filingapplication more than one year is concerned Section48 of the Land Act 1 Q doesnot prescribeany periodfor the land whenthe possesslOll 0 could not be takenover Hencetheplea ployto reject is a thecla In 0 a similar matter wherelicenseeCOuldnot coinplythe