MIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged the acquisition proceedings which have culminated in the award dated 09.02.2004 announced by the Land Acquisition Collector, Gurgaon (P-4) for a total amount of Rs. 3,91,13751.85 Paise. Earlier a notification dated 3.1.2003 (P-2) was issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, "the Act") and declaration dated 12.6.2003 (P-3) was made under Section 6 of the Act. Still further, the petitioners have also challenged the conveyance deed dated 4.8.2006 (P-5), executed between the State of Haryana and M/s DLF Universal Ltd.- respondent No. 4 regarding transfer of acquired land measuring 19 Acres, 4 Kanals and 5 Marlas, situated at village Nathupur, District Gurgaon, for establishment of a Cyber City, in favour of respondent No. 4 Company, for a consideration of Rs. 51,00,30,000/- (Rupees Fifty One Crores and Thirty Thousand only).

(2.) The undisputed facts of the present case are that the petitioners are residents of village Nathupur, Tehsil and District Gurgaon. They have filed the instant petition being residents of village Nathupur as a public interest litigation challenging the aforementioned acquisition proceedings acquiring land belonging to the Gram Panchayat of their village on the ground of fraud. It has been alleged that the State of Haryana has been acquiring the land under the garb of public purposes but for the benefit of private companies dealing in real estate. This act of the respondent State is fraudulent and inconsistent with the aims and objects of the Act.

(3.) It has been submitted that the land comprised in the revenue estate of village Nathupur in Tehsil and District Gurgaon, is very precious. The district Gurgaon in the State of Haryana is situated in close proximity of the National Capital and being a developing city has great potential so far as the real estate is concerned. Every company dealing in real estate keeps an eye on the valuable pieces of land in that village and other surrounding areas. Same is the position with M/s D.L.F. Universal Ltd.-respondent No. 4. Highlighting the modus operandi of the real estate companies, it has been stated that when they are not able to purchase the land from the land owners at the prevalent market value they join hands with the Government officials and get the same acquired for their own purpose.