IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10261 of 2010(O&M) Date of decision: 06.04.2011 M/s Morgan Builders & Developers Pvt. Ltd. and others …..Petitioners versus The State of Haryana and others ……Respondents CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.R.S.Rai, Senior Advocate with Mr.Akshay Bhan, Advocate for the petitioners Ms.Palika Monga, DAG Haryana Mr.Gitish Bhardwaj, Advocate for Mr.Arun Walia, Advocate for HUDA Jasbir Singh, J. (Oral) This order will dispose of C.M. Nos.5016 of 2011, 5128 of 2011 and 5061 of 2011 filed in CWP Nos.10261 of 2010, 11140 of 2010 and 13870 all of 2010 respectively. For facility of reference, facts are being taken from CWP No.10261 of 2010. Notice of the applications. Ms.Palika Monga, DAG Haryana and Mr.Gitish Bhardwaj, Advocate accept notice appearing Vide order dated 10.1.2011, all the three writ petitions, in which these applications have been moved were adjourned sine die to await decision of the Hon’ble Supreme Court in some pending matter. These applications have been moved with a prayer to withdraw the above said writ petitions. To the prayer made, no objection has been raised by the State counsel. In view of that we allow all these CMs and take up on board all the three writ petitions for disposal today. Civil Writ Petition No.10261 of 2010 As per prayer made, to which no objection has been raised, the writ petitions are ordered to be dismissed as withdrawn, however, order passed would not amount to the approval of release of land in favour of the petitioners, the issue is kept open. In CWP No.10261 of 2010, in the list of dates and events and also in the body of the petition, it is stated that the five petitioner companies are part of DLF Group, which has over approximately 289 million sq. ft. of development area across its business, out of which over approximately 224 million sq.ft. have developed projects and the remaining land is in the process of development. It is further stated that the DLF has been responsible for development of the entire integrated 3000 acres of township known as ‘DLF City’ in the State of Haryana at Gurgaon, besides that, many other colonies have been developed in Ambala, Shimla, Amritsar, Jalandhar, Ludhiana, New Delhi, Panchkula, Chandigarh, Mumbai, Calcutta and Bangalore etc. CWP No.10261 of 2010 has been filed on behalf of the following five companies through their authorized signatory Mr.Vinod Kumar, Senior Manager (Legal), M/s DLF Homes Panchkula Limited, Plot No.2, Ground Floor, D-Block, Rajiv Gandhi Technology Park, Chandigarh:- 1. M/s Morgan Builders & Developers Private Limited having its Registered office at P-39, New Delhi South Extension (Basement), Part-II, New Delhi-110048 2. M/s Morven Builders & Developers Private Limited 3. M/s Jesen Builders & Developers Private Limited 4. M/s Jingle Builders & Developers Private Limited 5. M/s Gavel Builders & Constructions Private Limited (2 to 5 having their Registered Offices at 1-E, Jhandewalan Extension, Naaz Cinema Complex, New Delhi-110055). In CWP No.11140 of 2010, the DLF Homes Panchkula Private Limited having its Registered Office at 1-E, Jhandewalan Extension, Naaz Cinema Complex, New Delhi-110055 through its authorized signatory Mr.Vinod Kumar, Senior Manager (Legal), M/s DLF Homes Panchkula Limited, Plot No.2, Ground Floor, D-Block, Rajiv Gandhi Technology Park, Chandigarh is also one of the petitioners. 2 Civil Writ Petition No.10261 of 2010 In CWP No.13870 of 2010 also DLF Homes Panchkula Private Limited is a petitioner. In many cases, we have seen that the private companies are mushrooming like anything and are developing the land in the State of Haryana at many places. The development projects run by those companies in Haryana may be hundreds in number. Why it is so? In CWP No.826 of 2011, we are looking into this aspect of the matter. In that case, tentatively, we felt that these small companies are being incorporated with a view to defeat the provisions of the Haryana Ceiling on Land Holdings Act, 1972. As per Section 4 of the said Act, a land owner is entitled to retain 7.25 hectares of land growing at least two crops in a year. Relevant provision reads thus:- “4. PERMISSIBLE AREA. -(1) The permissible area in relation to a land-owner or tenant or mortgagee with possession or partly in one capacity or partly in another, of person or family consisting of husband, wife and upto three minor children (hereinafter referred to as "the Primary unit of family"), shall be, in respect of- (a) land under assured irrigation capable of growing at least two crops in a year (hereinafter referred to as the land under assured irrigation), 7.25 hectares; . (b) land under assured irrigation capable' of growing at least one crop in a year, 10.9 hectares; (c) land of all other types including land under orchard, 21.8 hectares. (2) The permissible area shall be increased by one-fifth of the permissible area of the primary unit of family for each additional member of family; Provided that the permissible area shall not exceed twice the permissible area of the primary unit of family. 3 Civil Writ Petition No.10261 of 2010 (3) The permissible area shall be further increased up to the permissible area of the primary unit of a family for each separate unit: (Vide Act No. 17 of 1976). Provided that where the separate unit also owns any land, the same shall be taken into account for calculating the permissible area. (4) The permissible area shall be determined on the basis of valuation to be calculated in the prescribed manner taking into consideration the ownership of the means of irrigation, their intensity and such other factors as may be prescribed subject to the condition that the total physical holding does not exceed 21:8. hectares. (5) In determining the permissible area for the purpose of clause (a) of sub-section (1) five hectare are of land under irrigation from privately-owned tubewells, pumping sets, etc., shall be equal to four hectares of land under irrigation from canal as defined in the Northern India Canal and Drainage Act, 1873 (Central Act 8 of 1873) or from State tubewells as defined in the Punjab State tubewells Act, 1954 (Punjab Act No. 21 of 1954). (6) For evaluating the land of any person at any time under this Act, the land owned by him immediately before the commencement of this Act as well as the land acquired by him after such commencement by inheritance, bequest or gift from a person to whom he is an heir shall be evaluated as if the evaluation was being made on the appointed day and the land acquired by him after the appointed day in any other manner shall be evaluated as if the evaluation was being made on the date of such acquisition.” 4 Civil Writ Petition No.10261 of 2010 In CWP No.10261 of 2010, it has been stated that the group of companies has 289 million sq. ft. of development area and DLF has developed 3000 acres of township known as ‘DLF City’ in the State of Haryana. Whether these companies can acquire land to that extent or not, the matter is being examined in CWP No.826 of 2011, which is now fixed for 28.4.2011. DLF Homes Panchkula Private Limited which is the petitioner in one of these petitions is also a petitioner in that case. We direct the Registry to place a copy of this order on the file of CWP No.826 of 2011. The State counsel is directed to supply us the information regarding these companies also, which we have sought with regard to the petitioners in CWP No.826 of 2011. The State counsel shall also inform as to when the matter is pending in Court, if the Government is going to give any relief to the petitioner(s) contrary to the written statement, is it not desirable to bring it the notice of the Court. Copy of the order be supplied to the State counsel under signature of the Court Secretary. (Jasbir Singh) Judge 06.04.2011 (Rakesh Kumar Garg) gk Judge 5