ANAND BUTTONS LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) These seven appeals by special leave impugn the common judgment rendered by the Division Bench of the Punjab and Haryana High Court dismissing a group of writ petitions challenging the acquisition proceedings under the Land Acquisition Act, 1894 (hereinafter referred to as the 'act'). The principal contention in the writ petitions before the High Court was that the acquisition proceedings were vitiated by discrimination and arbitrariness and, thus, violative of the Fundamental Rights under Article 14 of the Constitution of India. Although, seven appeals have been filed in this Court, the arguments were addressed by the learned senior counsel appearing for the appellant in civil appeal no. 5591 of 1999 in the matter of M/s Anand Buttons Ltd. v. State of Haryana and Ors. The counsel for the other appellants have adopted the arguments addressed in the said case. Facts:

(2.) With a view to achieve the goal of rapid industrialization of the State, the State of Haryana constituted the Haryana State Industrial Development Corporation as a nodal agency for the development of industrial infrastructure in the State. New integrated industrial parks and estates were developed by the state-Corporation keeping in view the Functional Plan prepared by the Planning Board for the National Capital region in accordance with the provisions of the National Capital Regional Planning Board Act, 1985.

(3.) In order to fulfil the objective set out in the Functional Plan over an area of 30,242 Sq. Kms. , of which 13,413 Sq. Kms. fell within the Haryana sub-region, 41 Industrial Estates of Haryana were targeted for rapid industrial development. Kundli Industrial Estate was developed in phases by acquiring land in accordance with the provisions of the Act. For development of Phase-IV, which is located along National Highway No. 1, the Government of Haryana (Industries Department) issued a preliminary notification under Section 4 of the Act for acquisition of 93 kanals 10 marlas of land (including the lands of the appellants) situated in village Kundli. The appellants filed objections under Section 5a of the Act, opposing the acquisition of their lands on several grounds. The objections raised by the appellants were considered by the Land Acquisition Collector, Sonepat, who by his report dated 17.1.1997, recommended that the lands of these appellants be exempted from acquisition. Being not satisfied with this report, the State Government for-wardeo a copy of this report to the Director of Industries, Haryana and asked for his comments. Simultaneously, the District Town Planner of the Haryana State Industrial Development Corporation was also entrusted with the task of examining the report of the Land Acquisition Collector. As a result of this exercise, it was recommended by the Director of Industries, Haryana as well as the District Town Planner of the Haryana State Industrial Development Corporation that the lands of M/s Dinar Spinning Mills (P) Ltd. , M/s Amar Elastomers (P) Ltd. and M/s K. C. Fibre Ltd. may be exempted but the lands of the other persons affected by Section 4 notification be acquired. The Director of Industries also addressed a memo dated 23.4.1997 to the Commissioner and Secretary to the Government of Haryana, industries Department, recommending acquisition of land except in the aforesaid three cases. The state Government, after considering the reports submitted to it under Section 5a of the Act, made a declaration under Section 6 of the Act. As a result of the decision taken by the State Government, the lands of only three industrial units, namely, M/s Dinar Spinning Mills (P) Ltd. , M/s K. C. Fibre Ltd. and M/s Industrial Rollers Co. were exempted from acquisition and the lands of all the present appellants were included in the declaration under Section 6 for acquisition. The present appellants challenged the acquisition of their lands by individual writ petitions before the High Court of Punjab and Haryana.