C.W.P.No.19396 of 2005 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.19396 of 2005 Date of Decision:-18.12.2009 M/s Kapoor Industries Private Limited ...Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present: Mr.O.P.Goyal, Senior Advocate with Mr.Varun Sharma, Advocate for the petitioner. Mr.H.S.Hooda, Advocate General with Mr.R.S.Kundu, Addl. AG and Ms.Palika Monga,DAG Haryana for respondent Nos.1 to 4. Mr.A.K.Pathania, Advocate for respondent No.5. Satish Kumar Mittal, J. (Oral) The petitioner-Company has filed the instant writ petition challenging the acquisition of his land vide notification dated 15.11.2002 (Annexure P6) and notification dated 12.11.2003 (Annexure P8) issued under sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter to be referred as “the Act”) respectively for a public purpose of setting up as integrated complex for Industrial, Institutional, Commercial and Recreational as well as the award dated 18.11.2005 (Annexure P22). In this petition, the petitioner purchased 16 kanals 12 marlas of land situated in village Begampur Khatola,Tehsil and C.W.P.No.19396 of 2005 2 District Gurgaon on 10.9.1996 and 26.9.1996 for setting up a Textile Unit. After the purchase of land, the petitioner applied for change of land use for establishing an industrial unit, and the same was granted by the authority on 3.3.2000 vide letter (Annexure P3). It is also admitted position that the building plan was also got approved by the petitioner for setting up the Textile Unit. When the land was sought to be acquired vide the above notifications, the objections were filed by the petitioner under section 5-A of the Act. On the objections, the Land Acquisition Collector recommended the exclusion of 6 kanals 13 marlas of land from acquisition and balance land measuring 9 kanals 19 marlas was included in notifications issued under section 6 of the Act. Thereafter, the petitioner filed the instant writ petition. During the course of hearing of this petition and the other connected writ petitions on 21.11.2008, this Court passed the following order:- “These are a bunch of matters, wherein quashing of the notifications issued under sections 4 and 6 of the Land Acquisition Act, 1894, acquiring land for the development of Industrial Sectors No.34 & 35, Gurgaon, has been sought. Some of the petitioner-industries have averred that they were granted CLU and other statutory permissions for establishment of their industrial units much before the start of the acquisition process. They claim to be 'running industrial' units, yet their lands are sought to be acquired for the 'development of industrial Sectors' i.e., the same purpose for which C.W.P.No.19396 of 2005 3 it is already utilized. The other petitioners have also come up with one or the other plea, which, according to them, fully justify the release of their acquired lands. There are other set of petitioners who, it appears, have not obtained the CLU or other statutory permissions, however, may not be averse to apply and obtain the same on payment of the requisite statutory charges. In deference to the order dated November 14, 2008, Shri Rajiv Arora, Managing Director, HSIDC is present. On a query by the Court, he points out that the claims of the running industrial units like the petitioners were earlier considered by a Committee comprising Senior Officers of the State Govt. and headed by the Principal Secretary to Govt. Haryana, Industries Department. In my considered view, having regard to the specific stand taken by the petitioners before this Court, the claim of each of them requires fresh consideration by the said Committee. The Officers Committee can more effectively examine as to whether or not the conditions like obtaining of CLU and/or payment of other statutory charges in respect in respect of those industrial units which have not obtained such permissions so far, should be imposed and their lands released without hampering the development of the Industrial C.W.P.No.19396 of 2005 4 Sectors. Consequently, while adjourning these writ petitions to 23.02.2009, it is directed that;- 1. the Officers’ Committee comprising (i) the Principal Secretary, Industries Department; (ii) the Managing Director, HSIDC; and (iii) the Director, Industries Department, Haryana shall consider afresh the claim of the petitioners for the release of the lands where they have established their industrial units; 2. the petitioners may submit their representations within 15 days from today in the office of the Managing Director, HSIDC before 15th February, 2009, for being put up before the Officers’ Committee who shall consider and dispose of the same individually by passing reasoned orders; 3. a consolidated report shall be placed on record by way of an additional affidavit on the adjourned date.” On the basis of the aforesaid direction, the Committee framed the following guidelines/criteria for consideration of individual cases of petitioners for release of their land:- “i) The land parcels situated in the alignment of the circulation roads including the widening of existing roads, services (water supply, sewage lines, C.W.P.No.19396 of 2005 5 drainage system and right of way for the electricity transmission and distribution lines) and the Green Belt abutting the National Highway No. 8 as shown in the layout plan, have to be essentially acquired without any exception; ii) Subject to (i) above, the land under the existing industrial units, established after obtaining the change of land use (CLU), should be released conditional upon fulfillment of the conditions prescribed in the CLU regarding payment of EDC and the IDC; iii) Subject to (i) above, the land parcels in respect of which the petitioners had obtained change of land use for the conforming use prior to the issuance of Section 4 notification and had taken steps in the direction of establishment of their industrial units (e.g. sanction of building plans, construction of boundary walls etc.) should also be released subject to the terms and conditions of the change of land use (in particular those relating to the payment of external development charges (EDC) and internal development charges (IDC); iv) Subject to (i) above, the small land parcels which are lying vacant and are located adjoining the already established industries and which are owned by these units for their expansion needs and ancillary use but for which the change of land use C.W.P.No.19396 of 2005 6 have not been obtained should also be released subject to their obtaining the change of land use and payment of the applicable EDC and IDC; v) Subject to (i) above, the land parcels on which the industrial units had been set up by the petitioners without obtaining any CLU as required under the law and were still in operation/ running condition, could either be considered for allotment of said land by the HSIIDC as per its policy [as explained in para 10 above] or released subject to the condition that they would have to obtain the CLU now by compounding, and pay a penalty to be imposed by the Government in addition to the payment of the applicable the EDC and the IDC to the HSIIDC; vi) Again subject to (i) above, such of the land parcels which stand alone and cannot be integrated as a contiguous part of the Sectors could also be considered for release subject to the condition that they would obtain the CLU and pay the applicable EDC and the IDC; vii) Subject to (i) above, the land parcels on which the industrial units had been set up by the petitioners, without obtaining any CLU as required under the law, and had approached the Hon’ble Court after the Award had been announced or after the process of taking over the possession had been completed, but were still in operation/ running C.W.P.No.19396 of 2005 7 condition, could be considered for allotment of the same land by the HSIIDC to them under the latest policy as explained under para 10 above. viii) The land parcels on which industrial structures had been constructed at some point in time but were currently lying in disuse should be acquired; ix) All such vacant pieces of land as were lying unutilized at site, and for which no CLU etc. had been obtained prior to the issue of Section 4 Notification, should be acquired.” Note: All cases wherein the release of land is recommended in accordance with the above criteria, the release of land would be subject to obtaining of the CLU, payment of the applicable EDC and IDC charges by the petitioners and also the penalty as proposed under criterion (v) above.” The Committee after examining the individual cases and providing opportunity of hearing to all concerned submitted the consolidated report dated 11.5.2009, which has been filed in Court alongwith affidavit of Sh.Y.S.Malik, Financial Commissioner, Haryana in CM No.6678 of 2009 in CWP No.12912 of 2004. Subsequently, after receipt of the report, this Court passed the following order on 21.7.2009:- “The committee constituted by this Court vide order dated 21.11.2008, has since submitted its report. A copy of the report has been placed on the C.W.P.No.19396 of 2005 8 record of this case. The same is taken on record. Learned counsel for the parties state, that the cases pertaining to such land, as has been recommended for release, be forwarded to the State Government for appropriate orders in accordance with law. We are satisfied that the instant prayer is justified. Learned Additional Advocate General, shall place the aforesaid report before the State Government for its consideration, only qua the land which has been recommended for release. The State Government shall pass an order in accordance with law within two months from today, determining whether or not the recommendations deserve to be accepted leading to the release of the same from acquisition. A copy of this order be furnished to Mr.Ashish Kapoor, Additional Advocate General, Haryana, for onward transmission to the competent authority, and for compliance, under the signatures of Special Secretary attached to this Court. CM stands disposed of accordingly.” According to the abovesaid report, the Committee recommended the release of parcels of land in respect of 17 cases, out of which two cases are stated to have been fallen in Group-A and 15 cases are stated to have been fallen in Group-B. The case of the petitioner has been recommended at Serial No.10 in Group-B list. In C.W.P.No.19396 of 2005 9 the report, it has been stated that out of 9 kanals 19 marlas of land, the Committee recommends the acquisition in so far as it relates to widening of 18 meters circular road and the balance land be released subject to renewal of CLU, which has expired with the payment of external development charges (EDC) and internal development charges (IDC) by the petitioner to the HSIDC. Learned Advocate General, Haryana while referring to the affidavit of Y.S.Malik dated 23.10.2009 states that the Government has accepted the report of the Committee with regard to the release of the land of the petitioner mentioned in the report, subject to the conditions imposed by the Committee. Learned counsel for the petitioner accepts that the aforesaid release of the land shall be subject to the conditions imposed by the Committee. In view of the aforesaid stand taken by the respondents on the basis of the report submitted by the Committee and accepted by the counsel for the petitioner, we dispose of this writ petition with a direction to the respondent-State to issue the necessary release order, as per the recommendation made by the Committee, which has been accepted by the Government, subject to getting CLU renewed and on payment of EDC and IDC by the petitioner, within a reasonable time. (Satish Kumar Mittal) Judge (Mehinder Singh Sullar) Judge 18.12.2009 AS