Union Of India & Ors vs Surinder S

3. After finalisation of the plan, the Government of Punjab acquired land of various villages for establishing Chandigarh as the new capital of the State and also constituted various committees including Land Scape Committee for implementing the plan. In the meeting of the Land Scape Committee held on 3.9.1954, the Divisional Forest Officer, Rupar (now Ropar) suggested that the land lying along the right bank of Sukhna Choe and the left bank of Patiala Ki Rao where plantation had been started by the Forest Department should be declared as reserved forest under Section 4 of the Punjab Land Preservation Act, 1900. This was approved by the Land Scape Committee, and Chief Engineer, P.W.D. was asked to furnish the details of the area. On receipt of necessary details of khasra numbers together with the plan of the area, which included residential and commercial plots, preliminary notification under Section 4 of the Indian Forest Act, 1927 was issued by the State Government on 28.2.1956 and final notification under Section 20 of that Act was issued on 3.2.1961 declaring 6724.19 acres land including about 6000 acres land which had already been utilised for construction of the first phase of Chandigarh, and about 280 acres land falling in the revenue estates of village Hallo Majra and village Dalheri Rajputan as reserved forest. The State Government also acquired hilly area measuring 6172.09 acres of Sukhna lake catchment during 1961-62, 1962-63 and 1963-64 for carrying out soil conservation works to reduce the silt in-flow into the lake. The Forest Department acquired 536.64 acres of land of various villages along Sukhna Choe during 1963-64 to carry out soil conservation and other improvemental works.

5. With the passage of time, Chandigarh became an important destination for education and attracted students from all over the country. However, the employment opportunities available in the city did not match the educational facilities and this resulted in exodus of talent from Chandigarh to other cities. In the beginning of 21st Century the Chandigarh Administration took steps to provide various incentives including allotment of land to the entrepreneurs desirous of setting up industries in the field of information technology because that was expected to generate huge employment. In the first instance, the Administration decided that 111 acres land, which had been acquired between 1950 and 1977 and was lying vacant, may be utilised for establishing a world class Information Technology Park in the name of Late Prime Minister Shri Rajiv Gandhi (for short, ‘the IT Park’). This area was designated as Phase-I of the IT Park and the plots were allotted to the following:

10. In furtherance of the aforesaid decision, the Board invited bids for disposal of the land. M/s Parsvnath Developers Limited, who gave the bid of Rs.821.21 crores was allotted 123.79 acres land. However, after issuing a glamorous advertisement with the title Parsvnath – PRIDE ASIA, Chandigarh (An Address for Aristocratic Living) to attract prospective buyers of residential and commercial properties, M/s Parsvnath Developers appears to have abandoned the project and raised certain disputes which are pending before the arbitrator.

ii) There was a meeting held on 04.01.2006, which was attended by Land Acquisition Officer; Director, IT and Jt. Secretary (Finance). However, no minutes were recorded for that meeting, which is referred to in the letter dated 16.01.2006.”

4(c) The Development Plan of the area being acquired: -

21. For the sake of reference, some of the objections filed by Shri Surinder Singh Brar and Shri Kuldip Singh Kahlon are reproduced below:

The impugned acquisition proceedings have been undertaken without the concurrence of the Defence Ministry, Government of India. Chandigarh is surrounded by strategic defence installations like the Mullapur Garibdas Air Force Station, Head Quarters of the Western Command at Chandimandir, Chandigarh Air Force Station, Kasauli Air Force Station, etc. Infact the Mullapur Garibdas Air Force Station houses most modern missiles and radars while Chandimandir houses a strategic communication centre. Thus, urbanising the area in Village Mani Majra, District Chandigarh may lead to compromising with the security of the nation.

Now, therefore, in pursuance of clause (1) of article 239 of the Constitution, and all other powers enabling him in this behalf, the President hereby directs that, subject to his control and until further orders, the Administrator of the Union territory of Chandigarh shall, in relation to the said territory, exercise and discharge, with effect from the 1st day of November, 1966, the powers and functions of the State Government under any such law.

(ii) the Land Acquisition (Companies) Rules, 1963, shall also be exercised and discharged by the Administrator of the Union territory of Chandigarh, within the said Union territory.

[No.F.2/8/68-UTL] Sd/-

(ii) the Land Acquisition. (Companies) Rules, 1963, shall also be exercised and discharged by the Administrator of every Union territory (whether known as the Administrator, Chief Commissioner or the Lieutenant Governor), within the respective Union territories.

(No.F.2/8/68-UTL) Sd/-

By order and in the name of Administrator (Sd.) P. K. VERMA, Home Secretary, Chandigarh Administration.” “No.U.14020/17/84 - UTS Government of India Ministry of Home Affairs New Delhi-110001, the 2nd June, 1984.

Government of India Ministry of Home Affairs New Delhi-110001, the 30th May, 1985.

R. S. Gujral, Home Secretary Chandigarh Administration.” “CHANDIGARH ADMINISTRATION DEPARTMENT OF PERSONNEL ORDER In pursuance of the Government of India, Ministry of Home Affairs, New Delhi's order bearing Endst. No. 14020/ 9/2002-UTS.I, dated the 10th September, 2003, the Administrator, Union Territory. Chandigarh is pleased to relieve Sh. Virendra Singh, IAS (AGMU:69), of the charge of Adviser to the Administrator, Union Territory, Chandigarh, with immediate effect.

44. In view of the above discussion, we hold that the Adviser to the Administrator was not competent to accord approval to the initiation of the acquisition proceedings or take decision on the reports submitted by the LAO under Section 5-A (2) of the Act and record his satisfaction that the land was needed for the specified public purpose.

4. Publication of preliminary notification and power of officers thereupon.-

(2) Every objection under sub- section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard[ in person or by any person authorized by him in this behalf] or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under section 4, sub- section (1), or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him, for the decision of that Government. The decision of the appropriate Government on the objections shall be final.

6. Declaration that land is required for a public purpose.-