SATISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of a bunch of petitions* filed under Article 226 of the Constitution challenging the acquisition proceedings initiated by the respondent State of Haryana in pursuance to notifications dated 21.7.2006 and 20.7.2007, issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (for brevity, 'the Act') respectively, for a public purpose, namely, for the development and utilisation of land for residential/commercial Sector 6-7 part at Rewari, in the area of village Gokalgarh H.B. No. 119 and village Rewari H.B. No. 125, Tehsil and District Rewari.

(2.) Since almost identical facts and grounds are taken in these petitions, therefore, the same are being referred from CWP No. 15556 of 2007. The petitioners are owner of land measuring 11/10 marla of land situated in the revenue estate of Village Rewari, Tehsil and District Rewari. They have claimed that the land in question was mutated in their names on 24.10.2000 (P-1). They have constructed two rooms, kitchen, bathroom with boundary wall with 'A' Class construction, as is evident from site plans (P-2 to P-4). The petitioners are residing in the said house with their respective families. It has also been stated that they deposited the development charges of Rs. 24,000/- and Rs. 62,760/- with the Municipal Committee, Rewari, on 30.8.2006 and 20.8.2006 (P-5 & P-6). Besides this, the electricity and water connections are also installed in the houses (P-7 & P-8). The petitioners have also placed on record a site plan showing the acquired land in Green colour; the land which has been left over at the time of issuance of declaration under Section 6 of the Act is shown in Yellow colour; and the land belonging to the petitioners has been shown in Red colour. It is alleged that despite filing of objections under Section 5-A of the Act, their land has been acquired in a discriminatory manner. In fact, their land with constructions is located within the vicinity of abadi of constructed shopping complexes/shops/residential houses of Anand Nagar, Ward No. 4, Rewari. All around the houses of the petitioners, there exists 'A' Class puccka constructions. It has been further asserted that notification under Section 4 of the Act was issued for acquiring land of villages Gokalgarh and Rewari, measuring 1.69 acres and 315.15 acres respectively. However, declaration under Section 6 of the Act has been made only in respect of 1.69 acres and 33.61 acres of villages Gokalgarh and Rewari respectively. In this manner, 290 acres of land has been left out from acquisition.

(3.) The grievance of the petitioners is that the land of only selected influential persons has been released. In this regard the example of one Suncity Developer has been cited. The land belonging to Suncity Developer has been shown in Gemni colour in the site plan. In para 13, the petitioners have cited the examples of a number of persons whose land has been released. For example, the land belonging to Shri Kishan Lal Saini (900 Sq. Yards); Shri Ramji Lal Saini (1400 Sq. Yards); Shri Jai Narayan Saini (1360 Sq. Yards); Shri Madan Lal (650 Sq. Yards); and Shri Ram Sarup (1000 Sq. Yards), has been released vide letter dated 5.9.2007 (P-16). Referring to the policy dated 26.6.1991, it has been submitted that the area having construction could not have been acquired. However, in the present case, despite undertaking the survey, even the constructed areas have been acquired.