HARKISHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present writ petition, which has been filed in the public interest, a challenge has been made to the action of the State of Haryana, firstly in proceeding to acquire a big chunk of land for the alleged purpose of development of the land for residential and commercial area for Sector 30, Gurgaon and then proceeding to release the same in favour of respondent No. 3 i.e. East India Hotels Limited vide communications dated 19.9.1995 (Annexure P-3) and 4.1.1996 (Annexure P-4) and thereafter permitting the sale of the aforesaid land by respondent No. 3 in favour of respondents No. 4 and 5 in violation of the conditions imposed vide release orders Annexures P-3 and P-4 and then issuing notifications dated 6.12.2006 (Annexure P-7) and notification dated 19.3.2007 (Annexure P-8) under the provisions of the Special Economic Zone Act, 2005 by creating a nexus between the State Government and respondents No. 3 to 5 to defraud the residents of the area with a further prayer to quash the release orders Annexures P-3 and P-4 sales made in favour of respondents No. 4 and 5 vide Annexures P-5 and P-6 and also the notifications Annexures P-7 and P-8 or any other appropriate writ, order or direction which this Court may deem fit and proper in the facts and circumstances of the case.

(2.) As per the averments made in this petition, the State of Haryana issued notification dated 30.1.1989 (Annexure P-1) under Section 4 of the Land Acquisition Act, 1894 (in short the ''Act'') to acquire an area measuring 210.38 acres in village Silokhera and an area measuring 5.20. acres in village Sukhrali for a public purpose namely utilization thereof for residential and commercial area for Sector 30, Gurgaon. However, notification under Section 6 of the Act was issued only for an area measuring 169 acres in village Silokhera and area measuring 2.13 acres in village Sukhrali. It is also a matter of record that an award was passed on 22.1.1992 only for a land measuring 8.64 acres (i.e. 7.01 acres in village Silokhera and 1.63 acres in village Sukhrali). It is further averred that the State of Haryana vide communication dated 19.9.1995 released 30 acres of land in favour of respondent No. 3 i.e. a Company, namely, East India Hotels Limited. The operative part of the aforesaid communication reads as follows:

(3.) The aforesaid communication was followed by a memo dated 4.1.1996 (Annexure P-4) directing the Administrative HUDA to get the agreement executed after getting all the formalities completed from respondent No. 3 for release of the land