IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.12251 of 2010 Date of decision: 02.08.2011 Bega and others …..Petitioners versus The State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih Present: Mr.Pawan Kumar, Senior Advocate with Mr.Sandeep Sharma and Mr.Aushuman Mandhar, Advocates for the petitioner(s) in CWP Nos.12251, 14198, 14204, 18363, 15408, 18232, 18980, 20415, 20772, 12627, 22920 of 2010 Mr. Sandeep Sharma, Advocate, for the petitioner (s) in CWPs No. 12594, 12634, 12635, 14985, 19239, 21150, 19240, 21958, 22024, 22902, 22929, 22984, 22986, 23370 of 2010 and 333 and 6728 of 2011. Mr.Gagan Oberoi, Advocate for Mr.Rahul Sharma, Advocate for the petitioner(s) in CWP No.23174 of 2010 Mr.Lokesh Sinhal, Advocate for the petitioner(s) in CWP Nos.19611 of 2010 and 3735 of 2011 Mr.N.D.Achint, Advocate for the petitioner(s) in CWP Nos.3555 of 2011 and 3558 of 2011 Mr.Sanjay Vashisth, Advocate for the petitioner(s) in CWP No.17038 of 2010 and 22490 of 2010 Mr.Amit Jain, Advocate for the petitioner(s) in CWP Nos.307, 308, 212, 213, 294 and 575 all of 2011 Mr.Rajesh Sethi, Advocate for the petitioner(s) in CWP No.21301 of 2010 Mr.Shailendra Jain, Advocate for the petitioner(s) in CWP Nos.20934, 22026, 23365 all of 2010 and 644 of 2011 Mr.Hemant Bassi, Advocate for the petitioner(s) in CWP No.9011 of 2011 Mr.Adarsh Jain, Advocate for the petitioner(s) in CWP Nos.20967, 20939, 20940, 20947, 20948, 20968, 20969, 20970, 20973, 20956 of 2010 Mr.Hawa Singh Hooda, Advocate General, Haryana with Mr.Kamal Sehgal, Addl.A.G. Haryana Mr.J.P.Bhatt,Advocate for Mr.Arun Walia,Advocate for HUDA Mr.Sumeet Goel, Advocate Mr.Rohit Khanna, Advocate Mr.Sanjiv Bansal, Advocate CWP No.12251 of 2010 Jasbir Singh, J. (Oral) At the time of arguments, an offer has been made by Shri Hawa Singh Hooda, Advocate General, Haryana that the State Government is ready to re-consider case of the petitioners for release of their land, as per terms and conditions mentioned in letter dated 29.7.2011, sent by the Additional Director, Urban Estates Department, HUDA Complex, Sector 6, Panchkula to the office of the Advocate General, Haryana. Copy of the letter has been taken on record as ‘Ex.S1’. Contents of the letter read thus:- “Subject: CWP No.12251 of 2010 and connected matters- Bega & others v/s State of Haryana and others – formulation of High Powered Committee Reference discussion of Sh.Kamal Sehgal, Additional Advocate General, Haryana with Sh.S.S.Dhillon, IAS, FCTCP. 2. I am directed to inform you that Government has approved constitution of High Powered Committee in subject mentioned writ petition. Keeping in view the total schemes of things to follow the policy parameters, following will be the categories which will be considered/ examined by High Powered Committee:- (a) Construction existed at the time of declaration of Section 4 of Land Acquisition Act, 1894 which are inhabitated. (b) The petitions where it has been claimed that Section 5-A hearing are not granted. 2 CWP No.12251 of 2010 (c) The petitions where it has been claimed that their CLU/ Licence application were pending upto declaration of Section 6. (d) Petitions where it has been prayed that vacant land be released as it is land locked and can not be utilizable by HUDA. 3. The constitution of High Powered Committee is proposed as follows:- (a) Financial Commissioner & Principal Secretary to Government Haryana, Town & Country Planning Department, Haryana …Chairman (b) Director General, Town & Country Planning, Haryana. (c) Additional Director, Urban Estates Department, Haryana…..Member Convener (d) Chief Town Planner, Haryana 4. The salient policy parameters shall be as follows:- (a) The decision on the request for release of the land will be taken on its own merits on case to case basis. (b) All the construction/ land constructed at the time of declaration of Section 4 which are inhabitated shall be released from acquisition subject to the following conditions:- (i) Not more than 100% of the covered area on ground floor shall be released as courtyard/ open space around every construction 3 CWP No.12251 of 2010 except land under institutions such as Educational Institutions, Hospital, etc. (ii) The building at site has been constructed after obtaining permission/ approval for the construction from competent authority. (iii) In case the permission indicated in (ii) above has not been obtained, the applicants shall get their construction compounded/ regularized by payment of composition fees etc., as per the rules from the competent authority. (iv) The owner of the construction falling in category (ii) & (iii) above agree to pay the external development charges determined by the competent authority. (c) No construction/ land shall be released from acquisition which is required for carrying out internal/ external development of the sector such as roads, water supply & water treatment plants, electric sub-stations, sewer disposal works, schools, colleges, hospitals etc. and any other work that is necessary and in the interest of proper development of a sector. (d) The Change of Land Use applications will be decided on the merits of the case i.e. the conforming zone, justification of project, financial capability, policies/ parameters of the Department 4 CWP No.12251 of 2010 and alongwith the respective provisions of relevant Act and rules. (e) The licence application will be decided on the merits of the case and as per the provision of Act and rules alongwith the policies of the Department. (f) The request for release of vacant land will be considered, if HUDA is not in a position to gainfully utilize this land. (g) This policy will be applicable only to the petitioners in CWP No.12251 of 2010 and its connected matters. (h) The individual land owners need to file detailed representation alongwith copy of CWP and replication filed before the Hon’ble High Court. (i) High Powered committee shall grant an opportunity of personal hearing to a representative of land owner in each case and take a decision in the matter thereafter. (j) Any earlier adverse decision against the writ petitioners shall not influence the reconsideration of the matter by the High Powered Committee till a final decision is taken by the Committee and for a further period of 15 days, the petitioners shall be not dispossessed from the acquired land. Accordingly, the above policy parameters be apprised to the Hon’ble High Court.” 5 CWP No.12251 of 2010 Counsel for the petitioners, on getting instructions from the petitioners, states that terms and conditions, reproduced above, are acceptable to them and they will appear before the High Powered Committee, to be constituted by the State of Haryana as and when asked to do so. Shri Hooda states that the petitioners may appear before the High Powered Committee on 6.9.2011 in the Office of the Financial Commissioner and Principal Secretary to Government, Haryana, Town and Country Planning Department, Sector 17, Chandigarh at 11.00 A.M. It is also agreed between the parties that in case petitioners are not satisfied with the order to be passed by the High Powered Committee, liberty shall remain with them to lay challenge to that order and also to the acquisition proceedings on the grounds, which they have taken in this writ petition. In view of agreed stand taken by the parties, this writ petition along with other connected writ petition nos. i.e. CWP Nos. 12594,12627, 12634,12635, 14198,14204, 14985, 15408,17038, 18232,18363, 18980, 19239,19240,19611,20415, 20772, 20934, 21150, 21301, 21958, 22024, 22026, 22490, 22902, 22920, 22929, 22984, 22986, 23174, 23365, 23370 of 2010, 212, 213, 294, 307, 308, 333, 575, 644, 3555, 3558, 3735, 6728, 9011 of 2011, 20967, 20939, 20940, 20947, 20948, 20956, 20968, 20969, 20970 and 20973 of 2010 stands disposed of. As the arguments were heard on the basis of reply filed in CWP No.12251 of 2010, record of this case be retained for disposal of the rest of the cases in this bunch. A copy of this order be placed on the files of connected cases. (Jasbir Singh) Judge 6 CWP No.12251 of 2010 02.08.2011 (Augustine George Masih) gk Judge 7