554 l J r b L CWP No4452 of2010 etc 1 CHANDIGARH 11CWP NoR4452 of2010 Ram Bhagat amdothers eeePetitioners VERSUS m Stateof Haryanaand others tr mo Respondents 0 2eCWP Noo14451of2010 CO Nlls Uddar GaganProperdyPvt Ltde and others lIl C5 eeePetitioners Z C VERSUS Z IC StateofHaryana and others m l1 Respondents C 3eCWP No4453 of2010 Z Ram Mehar and others O6 CD eeePetitioners Cr se Z VERSUS 0 11 StateofHaryanaand others e e Respondents CORAM HONBlE MRJUSTICE PERMOD KOHLI l 1 PRESENT Mr Suinan Jain Advocate for thepetitioners MrD Sharma DAG Haiyana G Permod Kohli J Based upon common factual and questions of law these Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 555 4 1 4 CWP No452 of2010 etc 2 r petitionswere heard andare being of by this common judgment Factsleading to thefllingofthese petitions are beingusefzlllynoticed here inwaftei Petitioners Nol to 48 in CWP No14452 of2010 hereinailer referred to as the ownerslwere the owners ofland 8383 acres situated ln revenue estate of village Pehrawar Garhi Bohar and Khedi Sadh in Sector27 District Rohtak Jamabandisfor theyear1998e99and 20002001 n to the aforesaid villagesdo reflect their ownership at the relevant r time PetitionersNo to 73 in CWP No14451 of2010 lereinaftereferred 0 0 to as the ownel were the owners of land ineasuring 8404 acres situated 2c l Estateof villaee Garhi Bohar and Khedi Saclh Sector 27 4 lll revenue Ill 1 District Rohtak Petitioners No l to 205 in CWP No 14453 of Z 440 2010 0lereinafterrefened to as the ownerslwere the owners of land n 0 11304 acres situatedin revenue Estate of village Garhi Bohar ec andKhedi Sadh in Sector 27 District Rohtak State of Haryanaissued 5 NotificationNoAC20021NTLA192 dated l l 42002 under Section4 01 OO 4 theLand AcquisitionAct 1894 0oereinafter referredto as the 1894ActI nwwo Z 1 proposing to acqtiirethe lands described hereoove alongwitholher CL tracts of land 111 the aforelnentioned villagesfor allegedpublicpurpose nalnely of residentiallcolnlnercial Sectors 2728 District l Rohtak This acquisition was notifled in Vlew ofSection 14of theHaryanaUrban AuthorityAct 1977 lereinafter refened G9 to as the 1977 Act9 It is allegedthat due to publicityto the 1 acquisitionthe notification havingbeen in newspaperhavingno 1 Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 556 1 p1 3 CWP NoM452 of2010 etc wide circulation all the owners of the land could not know about the Some of the land owners includingsome of the however objected to the acquisitionby filingtheir underSection A of the 1894 Act when thev came to know about the It is however coininon case of the that their objections under Section 5A were not of nor theywere any lrther of beingheard It is alleged that without 1 with the of Section 1 the Collector 0C 0 with the Declaration under Section 60fthe Act was co issued on 8A003 The Iand in the lneanwhile enteled C5 11110collaborationagreementwith Mls Uddar GaganProperties Private r r Lilnitedarrayed as noA9 in CWP No1445212010 petitioner 110l 1Z e 111CWP Nol4451 of2010 and petitioner no06 in CWP No14453 of2010 me c referred to as the Companyl under the 4 Act 1956 for of the area for group housing and 08 commercialpurposes Oll 22005 Underthe collaboration r0 4 eav owners were to contributetheirlandand the CompanytoprovideOllancial Z 1D and technical helpfor the of the Iand 1lle Cotnpany was also il authorisedto obtain necessary licence for establishment of the Housing Colonyand coinmercial area froin the competentauthoritySome of the land owners were issued notices under Section 90f the 1894Act asking them to submit their claims It is allegedthat thesenotices were not served C uponall the owners Such ofthe owners who were servedwith notice under Section 9 illed their objections againstlhe acquisition of lhe Iand and also Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 557 1 1 Il CWP No14452 of2010 etc 4 e Y communicatedthat theyhave already enteredinto collaborationagreement with the Coinpany for ofGroup Cololly Governmentof Haryanafrallled a Ioolicy With regardto grant of licence ttilder the provisionsof Haryana and RegulatiOll of UrbanAreas Act 1975and Haryana and Regulation of Urban Areas Rules 1976 Olereinafterreferred to as e 1975 Ac and 1976 Rules The originalpolicydecisionwas taken on 21 1 1999 6vme L2 to allow Starred Hotel ln the residentialzones of plansof 0 controlledareas which was followed by anotherdecision dated 61 000 4a0 notified vide policydecisiondated 62000 It was decided to approvelhe C5 proposalto release the Iand b the Colonl ser before issue of I IC notificationunder Section 4 of the 1894 Act for which application for Z 1 commercial licencewas made Therealterif the Director Town and Country e 1 PlanningHaryanafindsthat the case is fit for grant of commerciaI Iicence 4t Iv a44r9 he will obtainthe concurrence ofthe goveinment foi grantof Iicence This C6 CiO decisionwas formulatedfor the of urban areas and e Pmlo generationof resources for the State in the shapeof conversion charges Z scrutinyfee and external chargcs Clw Petitionersherein aplliedfor licence on 212005 under the 1975 Act in the prescribedforin LC4 for grant of licence to developgroup colonyover the tracts of land of the 40e0 for which colIaborationagreementswere executedwith the ConlpanyThe petitionersill CWP No 14452 of 2010 deposited an amount of Rs36870001 vide demanddrafl dated2132005 as licence fee Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 558 9 P4 CWP NoM452 of2010 etc 5 e Rs3393401 as scrutinyfee in respectof 8383 acres of land Siinllarly petitioners in CWP No14451 of 2010 applied for licence on 2132005 in respectof 8404 acres of land f0r which Iicence fee of RsA2020001 5 scrutiny fee to Rs34019401 were paidvide delnanddrafl datecl 2032005 Similar was madeby in CWP No14453 of 2010 for grant of licence Oll 19A006 ln respectof land 11304 acres A licence fee of Rs00 lacs vide demand draft dated m ir 17A2006 an additional amount ofRs339000001 and RsA100 lacs vide 0 demanddrafts both dated 262006 were deposited with the 0 Petitioners contention is thatdespitedepositof the licence fee and scrutiny I C fee did not decide the for grant of Iicence and I 4 to pass the award dated 6005 It is further case of the Z C petitioners that even when the award was passednone of the Iand owners m r received the nor of the land was 4 I taken over by the Collector or anv other authoritypursuantto the 08 lD acquisitionPetitioners have placedon record copiesof Khasra girdawaris c 3 for Kharif 2007 to establish their over the land The Conlpany Z petitionernoA9 in CWP No 14452 ofl 20101received a communlcation l1 dated 125 2005 from the District Town Planner indicatingcertain deficienciesand asked for further information 111 respectof the lands In questionThe Companyvide its letter dated 2 162005 not onlyforwarded the requisitedocuments but also made clarificatlons to remove the 90e dellciencies pointedout by the The applications of the petitionershavingnot been decicled thc Oled CWP N01894 of Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 559 CWP N14452 of2010 etc 6 P 4 of Haryanaand otherslchallenging the a 2006 SwarajSinghvs State under Sections4 and 60f the Act with the further prayer to llcence for settingup of group houslngresidentiallcoininelcialcolony inrespectofthe tracts of land indicatedherenoove Whlle issuingnotice of motion and askingthe to ascertainthe status of the case statusquo qua the was orderedto be maintainedvide order clated72006 no2 issued memo dated 1962006 to the 1m that the requestof the for grantof llcence r petltlOllers hasbeen examinedlconsideredand it 1S to grant 1icence The 0 0 petitloners were to completecerlainlornlalitiesand were also r D askedto furnish 25lo bankguarantee on the estimatedcosts of lnternaland r external works etc Chargesfor internal and external Z 4r works were alsospecifled in the aforesaid communlcationlt e fr was howevermentionedto grant licence in respectof land measuring Cr I 5189acres out of 8388 acresin CWP No14452 of2010 A similarIetter 05 OO was issuedto in CWP No14451 of 2010 proposing to granl 4 licencein respectof 603 acres out 018404 aeres whereasno decision was aW3 Z taken in respectof land of the in CWP No 4453 of 2010 Apart tl from above one of the conditions was that the petitioners to whonl it is proposed to grantlicence will withdraw the writ petitionPetitioners wlthdrew CWP No l 894 of 2006 on 18772006 reserving to challenge the regarding portionofthe land for which eeW Ietter of intent has nol been issued Sincc the did not grant licencein respectof the remainingland petitioners filed another CWP Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 560 1 CWP Noe14452of2010 etc 7 2 No 11408of 20066Ram Bhagatand othersvs Stateof Haryanaand othersl seekingdlrection for grant of Iicence for the relnainingland This writ petition was however wlthdrawn with l ertv to approach the pursuant to the letter of intent issued in the meantiine Petltionersin CWP No14452 of 2010 have been grantedIicence Nosl081 to 1104 dated 1 2006 in respectof land 5189 acres Similarlylicence has been issued in respectof land lneasuring603 acres in favour of writ Insme Ct1 petitionersin CWP No 14451of 2010 But no Iicence has been grantedin 0 favour ofwrIt petitioners lll CWP No14453 of2010 V0 Petitioners accordinglylnade a representatlOlldated 23 007 to e5 110Le This remained pendingwith the I 4 In the ineanwhile the Slate reviewed lts earlier policy 111 Z 1c respectof acquisition and grantof licence for group and W tr commercial of urban areas and a new policy I was notifiedin the year 2007 vide memo dated3092007 Relevant extract O ao ofthis policyis hereunder t m 4That the following icy fraine work for release of Z land from acquisition has beenapproved and 1 this includes the parametersconveyedvide 11101110 n03130200712TCPdated3082007 1No requestwill be considered after one yearofaward Cea Only those requests will be considered by the governmenlwhere obiectionsunder Section 5A were filed Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 561 8 4a CWPNol4452 of2010 etca 1 A1 wherestructures have been 21Any requestor will onlv be consideredfor the release underSection 4811 the structure exists prior toSection4 andis inhabited 31Any factoryor establishmentwhich exlsted prior to 4 will be consideredfor release VA 4 Any religiousinstttution Ol any building owned by Q will also beconsideredfor release 0 0 5 Any land 01 which an under lll I C5 Section30f the Haryana of I Areas Act 1975 has been madebythe owners r Z tlleaward for convertingthe land into a 4t prior to alsobe consideredfor releasesubjectto Q colony may C of the land shouldbe theconditionthat the 08 prior to thenotificationunderSection40fthe Act CO 6 The Government maY alsoconsiderreleaseOf Iand Ill vm3 Z and development for theinterestof i 1 0a thelands where the owners have the Courts and haveobtainedstay ProvidedthattheGovernmentlnay releaseany land on 4 4ere the grounds other thailabove under Section 48 11of 1 the Act under ly ClTCLllllStances 1 50 forthe reasons to be reCorded111wnting 4 r 41 eon Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 562 P Noe14452of2010 etc 9 P34 Receivmgno response 111 o lheir dated 32007 thepetitioners inadeanother dated l 42007 to the ChiefMinister of the State for grantof licence in respectof the remaining land This too was not Petitionersthus flled three writpetitions lCWP NosAe767of 2008 4808 of 2008 and 4809 of 20081IIl respectof the lands detalled hereroove All the writ petitions were disposedof by this Court by a comlllOll Orcler with a clirectlon to 1 to consider the petitioners for grantof licence for 0 the remaining land and disposeit of in accordance with Iaw and as per 0 O policywithin a periodof threelnonths from the date of receipt Z C9 of certifled copy of the order lt was further directed that till the above 4 stated is decided statusquo with regardto the be Z 1 inaintainedby the partieswhich would Inean that the petitioners shall also e 0 not raiseany constrLiclionor changethe naturc 01the Iandin aily manner ict I As a consequence of the aforesaiddirections no vide 08 inemo dated3062008 askedthepetitioners to aploearin person for personal CQ C hearing of accordinglyappearedbefore mwo Z 2 on 47008 and placedtheir 110L case before hiln Despite CL personal appearance no order has been issued bythe for grant of liceilce for the reillalningIand within the stipulatedperiodThese petitions have accordlglybeen filed seekingdirections l grantof Ilcence inrespectoflandsspeciedin each ofthe petitions e 3194 acres situated w lIl villagePehrawar Garhi Bohar and Khedi Sadh in Sector27 District Rohtak2361 acres situated in village Garhi Bohar and Khedi Sadh Itl 1 Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 563 CWP No14452 of2010 etce 10 1 Sector27 Distnct Rohtak and ll04 acres measuredby as 9363l acres sitllated in village Garhl Bohar in Sector 27 District Rohtak Two sets of replieshave been filed by IlO 1 and While the entire factual avennents made in the Writ PetitiOllS the of the acquired land by the thelr for gralltof Iicence and relcaseof the partof the land and grant m of licence to the in CWP Nol 4452 01 2010 and 14451of 2010 Ot lt iS statedthat of the land where the Rabi crOP was standing 0 CO could not be taken by the Estate Offlcer A RohtaklLand over r 45 Collector Hissar as the land owners were time upto c 302005 at theirrequest the lnatter was referred to the Z e Commissioner Rohtak who vide his report dated 173 2006 w lr confinned the of the Iand owners upto October 2005 r I Thereafter on account of status quo issued by the High Court in CWP t Nos 893 and 1894 of 2006 of tracts of land for which licence ClO could not be taken over froin thepetitioners It is fulther stated mw was Z that in respectof reinaining land it was that the same was not ll consideredfit havingbeen vested in the governinent on 62005 of which was taken and handed over to the Estate C9f6cer H UDA Rohtak ln respectof the directions of the High Court issued in CWP No4767of 2008 to decidethe application for grantof licence for remaining C land within three months it lS statedthat after a ffordinghearingto the and their counsel the flle was forwarded to the governnlentfor 4 Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 564 4 CWP No452 of2010 etc 11 J 4W 1 obtaining its concurrence Section 3 ofthe 1975Act deaIswith theinakingof an application for licencebythe owners of land paynlentoflicence fee conversiOll charges to develop a colonyDirector 1ee nol has been to consider bytakinginto considerationthe parameters under subsection 62 of Section 3 which interalia relatesto the title of the Iand extent and Sltuatlon of the Iand capacityto developcolonythe lay w Q out ofthe colonyetc Rule3 0f1976 manner ofmaking 0 application and documentsto be annexed thereto Rules 4 and 5 require 0 certalll conditionsto be fulfilled for of the colonywhereas r 0 Rule 8 deals with the powers ofthe Director to hold an enquiryand Rule 9 1r deals with therejection ofthe application Z In consonance with Section 30f the 1975Act the StateGovernment 4V tr forinulatedits first policyfor grantof licencc vidc tneIno dated2881 991 lct I was decided to acquireland not onlyby HUDA and Private Sector for c 00 but even indivldualswere pennittedto acquireIand for Ct mmo and to a Iicence It was further decided In cases Z whereapplicants have appliedfor licence or have acquired land but could tl not applyfor licence before the issue of acquisition notillcation releaseof land could be considered Oil individual meritsof each case This policywas reiterated vide policy dated 63 000 where under it was C further decided that where the Iand is purchasedby tlle Colonizer belore issuanceofnotificationunder Section4 ofthe Land Acquisition Act andthe Director Town and CountryPlanningHaryanadecides to issue 1icence Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 565 e 17PNol4452 of2010 etc 12 1 releaseof such land fronl acquisition be allowed for This Yl may 1 policywas further modified on 302007 where under the releasewas even allowed after acquisitionand passingof the award under the Land AcqliisitionAct where the owners conti nue to be in or have obtainedstay orders with regardto their ltl their replyhave not dealt with the questionrelatingto the possessiOllof the petitioners over the tract of lands subjeclmatterof these m 1 wnt petitions though petitloners have specifically pleadedthat they 3 0 COntin ue to be in possessionof the land even after thepassingof the award C0 Z till the date of fllingof thesepetitionsSuch avennents have been made lll C 9 and 10 ofthe Wnt petitionsInaddition to the avermeits ln 4r the theyhave also placedOll record Khasra girdawarifor the Z t period 2007 1e evell tWO years afler the passingof the award to Am l substantiatethe factulnof their Thcse averinents have not been e 4 I denied in replyto these With a view lo avoid the answer to the 08 QO speciflcaverments lt lS pleadedthat HUIOA and Land AcquisltionOfficer D 42 Rohtak have not been impleaded as party as theyalone can Z commenton the claim of the petitioners regarding the physicalpossesslOll Cln In objections have referred to RapatRoznamcha which a lso establishes that possessloll W 21S allowed to retnain with the Owners in view of Rabi crops standing in the year 2005 The possession of C the petitioners over the land cannot be disputedas there is no materialon record to establishthat at any time before or aller thepassingof award lhe possessiollwas takeil over from them by theLand AcquisitionCollector or 4 0 h 4e lo 01 0 Oel Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 566 f J CWP NoM452 of2010 etc 13 1 1 J any other competentauthorityTo the contrary while disposingof CWP NosAe767of 2008 and 4808 of 2008 and 4809 of 2008 vide order dated 2032008 status quo with regardto the of the petitioners was maintained thoughthe petitioners were also restrained from raising ConstructlOll and changing the nature of the Iand This further the pelitioners claim of possessionsame havingbecn prolectedby lhis Court When the matter was heard and reserved Slatewas asked to produce a tZ the record relating to the paymento f licence fee scrutinyfee as also 0 considerationof the of thepetitionersfor grantof licence and 0 regarding the possession 32 C9 The haveproduced the record Z I have carefullyexamined the record In all the awards passedin Z 1 respect of land in question ofcxislence ofcropsovcrthe m 1 land and on oral requestof the land owners theywere allowed to reap the Cr I crops by 30A005 On the dayof passingof the awards e 6A2005 a 08 ClO document was preparedsayingthat the handedover This wmeo documentis neithersignedbythe land owners nor the persons to whom the Z possessionis said to be delivered It is also relevant to note that the total Cl land acquiredby these three awards is 28014 acres and the above stipulationrelates to the entl re Iand wilhoul any exceptionThe lotal acquired land of the petitionersis 2805375 acresI have also perusedlhe C notingsin Files producedby the State It has been recorded that the physical of the land has not been taken and continuesto be with the land owners thoughpaperpossession was taken over on the e e O Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 567 1 4 CWP No452 of2010 etc 14 date of passingf the It has further been recordedthat the land 4Vl ownershave not any for the acquired land On this basisthe recommendation was made to the Government by lhe DTP IBPI on 24A2006 for consideration of grantof licence on the conditions therein Ithas also come on record that the for grant oflicence are in order and the entire Iancl lor which the Iicence has been applied for is lyingvacant at site 1 the land 8450 acres relating to CWP Nol4452 As Q it has been recordedthat this land falls in Sectors26 of2010 is 0 0 Noacquisition were initiatedin respectof land 27 and 28 I 0 under Sector 26 and the for acquisition ofland under Sector I 28was not It is furthernotedthatonly73Ol acres ofland falls c Z Sector 27 Thus thereis absolutely no reason to refuselicence in respect Ct 111 m l to landfallingin Sectors26 and28 I The have made speciflcreferenceto the policiesof the O6 Government framedfrom time to time regarding releaseof land right r from theyear 1991 to 30907 These policiesare ln operatlonas on date 7 Z 20 All thesepoliciesinter alia for releaseof the land not onlyafter 1 of notification under Sections4 and 60f the Land Acqulsition Act but even after thepassingof the flnal award providedthe application underSection 3 ofthe 1975 Act has been made prior to the passingof 5 was lhe owner C awardforconverting the land into colonyand the applicant ofthe land priorto the under Section 40f the Act Another category1S wherethe to be with the owners and 11 k Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 568 CWP No14452 of2010 etc 15 thereisstayagainst byCourts Claimsof thepetitioners are squarely covered bythe governmentpoliciesreferredtoherenwabove Section 48 of the Land AcquisitionAcl providesfor releaseof the land from acquisition of which hasnot been taken This Section readsas under of not bllt compensationto be awarded when not 611 1 r Except 111 the case providedfor In Section 36 the 0 Governmentshall be at libertyto withdraw from the CO acquisition of any land of which possessionhas not been I C20 taken 1 21Wheileverthe Govcrnmentwithdraws from any such Z Ct acquisitionthe Collector shall determinethe amounl of m r compensation due for the damage suffered bythe owner Ill of tlle notice or of any 06 00 thereunder and shall pay Such amount to the person Ct a7 with alI costs incurred by Z him 111the prosecution of the under this Act Il relating to the said land 639Theprovisionsof Parl III of this Act shall apply SO far as may be to the determinationof the compensation 6 payable under this Section 52 It is common case of the partiesthat the notification under Section 4 Gupta Suruchi 2014.05.21 10: 18 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 569 1 1 CWP Nol4452 of2010 etce 16 1 wasissued on 1142002 and declaration under Section 6 was made on e 8A2003 whereas the for licence were made on March 21 2005 exceptland CWPNo4453 of 2010 where the application was ln made011 2742006 underthe of 1975Act Final award calne to be on 642005 Irom the recorcl lt appearslhat the actual physical ofthe landreinainedwith the owners all alongThis Court while of CWP Nos4767 of 2008 4808 of 2008 and 4809 of 2008 1 the of the The claim of the r taking the hasnot been establishedTo the over 0 0 the of the has not been Neither coiltrary I C0 frOlll the reply nor from the record producedit lS establishedthat I was ever taken froln the al any stage Part of the Iand r Z c froln has been releasedby the Governinent ln exercise m r under Section486llofthe Land Act priinarily on the I ground that the remainedwith the owners It is not lhe case of 08 the that the petitioners are not eligible or entitled for grantof 00 4 of Sectlon 30f the 1975 Act and 1976 Rules Grant