NAFE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) We have been observing a great deal of resentment and agitation of the farmers on account of acquisition of their land even for public purpose, but shamilat land is being squandered away by the Panchayats in flagrant violation of the settled law. One such case is brought to our notice by the petitioner, a retired primary Teacher, of village Badhsa, Tehsil Bahadurgarh, District Jhajjar who has tiled the present writ petition in public interest for declaring resolution No. 2 dated 06.01.2010 (P-1) passed by the Gram Panchayat of village Badhsa [for short "the Panchayat"], resolution No. 1 dated 21.09.2010 (P-2) passed by the Panchayat, order No. 93 dated 30.09.2010 (P-3) passed by the Department of Development and Panchayat, Haryana and agreement to sell dated 11.10.2010 (P-4) executed between the Panchayat and Mukta Arts Ltd. (respondent No. 5) as illegal, null and void. The brief skeletal facts of this petition are that resolution No. 2 dated 06.01.2010 (P-1) was passed by the Panchayat for providing 20 acres of land in Khasra No. 1231 at the market rate, to respondent No. 5 for opening of International Films and Television Institute and Multi Media Complex [for short "institute"] near the land of All India Institute of Medical Sciences [for short "AIIMS"]. Copy of that resolution was sent to the Deputy Commissioner, Jhajjar through District Development and Panchayat Officer, Bahadurgarh for necessary action. The Deputy Commissioner, Jhajjar assessed the market value of the disputed land at Rs. 20,46,458/- per acre but keeping in view the floor rate of land in District Jhajjar at the rate of Rs. 16 lacs per acre, it was assessed at the rate of Rs. 24,96,000/- per acre with annual annuity at the rate of Rs. 30,000/- per acre per year and increase of Rs. 1,000/- per year for 33 years. The total amount of compensation including the amount of annuity was Rs. 8,02,80,000/-.

(2.) The Panchayat then passed resolution No. 1 on 21.09.2010 (P-2) deciding to divide value of the land to be paid by respondent No. 5, into 7 equal installments. On 30.09.2010, order No. 93 (P-3) was passed by respondent No. 2 acknowledging approval of the government for sale of the land in dispute on certain terms and conditions.

(3.) An agreement dated 11.10.2010 (P-4) was entered into between the Panchayat through its Sarpanch and respondent No. 5 and possession was delivered to it on payment of first installment and the sale deed was decided to be executed on payment of the entire sale consideration.