AADHUNIK WOOLLEEN MILLS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of a bunch of 22 petitions2 as common questions of law and facts are involved. However, facts are being referred from CWP No. 17275 of 2000.

(2.) This petition filed under Article 226 of the Constitution challenges orders dated 26.6.2000, issued by the Estate Officer-respondent No. 3 directing the petitioners to execute the agreement in the proforma as also to deposit the amount of development charges @ Rs. 200/- per square yard failing which the sanction accorded by the Government for release of land was deemed to have been cancelled (P-11 to P-13). The petitioners have also challenged public notice dated 10.11.2000 (P-17) issued by the Haryana Urban Development Authority (for brevity, 'HUDA') whereby general public has been informed that those land owners whose land was released by HUDA and they have not deposited the amount of development charges, they are required to deposit development charges with the Estate Officer, HUDA within 15 days of issuance of notice, otherwise their release orders would be deemed to be cancelled, their buildings/factories would be treated as illegal construction and action would be taken against them as per HUDA regulations. A further prayer has been made for directing the respondents not to recover the development charges from the petitioners.

(3.) The land belonging to the petitioners was sought to be acquired by issuance of notification under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') on 10.5.1989 (P-1). The petitioners filed objections to the acquisition under Section 5A of the Act on 12.6.1989 (P-2 & P-3). Eventually, a declaration under Section 6 of the Act was issued on 9.5.1990 (P-4). However, the land belonging to the petitioners was released from acquisition on 6.5.1992 (P-7, P-8 & P-9) by passing identically worded orders. The order of release makes an interesting reading, which is as under:- " In the above said matter, you are informed that the Haryana Government is ready to release 2B-0B, 2B-14B of land/construction situated in Urban Estate, Panipat, Sector 6, 7 and 8, Khasra No. 658/1 belonging to Shri Surinder Kumar subject to general conditions. An agreement has to be entered into with the applicant regarding conditions of release and for the released land a proportionate amount of development charge has also to be recovered. With regard to the proforma of agreement and rate of development charges, Chief Administrator, HUDA Manimajra (U.T) Chandigarh shall inform separately." (emphasis added) The next day i.e. on 7.5.1992, award was announced and possession of the land was delivered to HUDA to develop and utilise the land as industrial, institutional, residential and commercial area for Sectors 6, 7 and 8 Panipat. It is significant to notice that the release of the land to the petitioners was subject to the condition of execution of an agreement on the standard form, which was to be duly attested by the First Class Officer. It was clearly stipulated in the release order that a proportionate amount of development charges have to be recovered.