RATTI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed instant writ petition seeking issuance of writ in the nature of Certiorari for quashing the notification dtd. 17/9/2004 and 27/10/2004 issued under sec. 4 and sec. 6 of the Land Acquisition Act 1894 in view of Sec. 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as more than 5 years have passed since the announcement of award on 21/2/2006 (in the prayer clause, it is wrongly claimed to be of 21/2/2006 whereas it was announced on 9/3/2006) and physical possession of the land till date continues to remain with the petitioners, coupled with the fact that once the urgency clause is already been quashed by this Court in Civil Writ Petition No. 17108 of 2004 titled as Tara Chand and others Vs. State of Haryana and others since under the garb of public purpose, the land of the petitioners is being acquired to sub serve and accommodate the needs of the private builders by the official respondents. Further, the petitioners have sought quashing of the order dtd. 9/4/2013 passed by the respondents thereby rejecting the representation filed by the land owners/petitioners.

(2.) In total 92 petitioners have approached this Court by filing the instant writ petition and have stated themselves to be owners of the land situated in Khewat Nos. 25, 26, 27, 28, 36 and 37 in Village Lakhnaula, Tehsil and District Gurgaon. The land of the petitioners was notified for acquisition vide notification dtd. 17/9/2004 issued under Sec. 4 read with Sec. 17 (2)(c) of the Land Acquisition Act, 1894 for the public purpose namely for setting up of Chaudhary Devi Lal Model Township, Phase-V, Manesar, to be planned and developed as an integrated complex for Industrial, Institutional, Commercial, Recreational and other public utilities on land measuring 956 acres 5 kanal 18 marla of villages Nabada Fatehpur, Naurangpur, Manesar, Lakhnoula, Naharpur Kasan and Shikopur, Tehsil and District Gurugram. The landowners were put under the psycho fear of losing title over the lands by being paid a paltry compensation at Government rates and in the year 2005 they were induced to enter into distress sale in favour of private builders. The award for the acquired land was announced on 9/3/2006 and the petitioners in the instant writ petition were compelled for accepting the compensation, which they are willing to return as the actual physical cultivating possession of the land remains with the petitioners only. In the meantime, the landowners/petitioners challenge the notification issued under Sec. 4 by invocation of urgency clause under Sec. 17 of the Act of 1894 by filing Civil Writ Petition No. 7654 of 2006 and 6892 of 2006 which was disposed of by this Court in a bunch of 84 writ petitions vide order dtd. 16/4/2009 with leading case being Civil Writ Petition No. 17108 of 2004 titled as Tara Chand and others Vs. State of Haryana and others. This Court had categorized the writ petitions in four different categories, the writ petitions filed after the announcement of the award and by the petitioners who have received the compensation were dismissed. Further, the petitions were the land were purchased after issuance of notification under Sec. 4, were also dismissed and the other petitions which were not falling in the aforesaid categories were allowed as the notifications issued under Sec. 4 and Sec. 6 of the Act of 1894 were quashed and State of Haryana was given liberty to initiate fresh process of acquisition after applying with the provisions of the land Acquisition Act, 1894. The said order was assailed before the Division Bench of this Court by State of Haryana in Letters Patent Appeal No. 504 of 2010 and other connected appeals, which was disposed of vide common judgment dtd. 28/1/2011 thereby, giving liberty to the State to proceed from the Stage of issuance of notification dtd. 17/9/2004 under Sec. 4 of the Act of 1894.

(3.) Thereafter, the petitioners submitted a representation dtd. 4/9/2012 to Commissioner and Secretary, Government of Haryana, Department of Industries requesting release of their lands from the acquisition proceedings and since no action was taken on the representation filed by the petitioners, they approached this Court by filing writ petitions vide Nos. 23459 of 2012, 23476 of 2012, 4171 of 2013, 4501 of 2013, 4507 of 2013, 4509 of 2013, 4514 of 2013, 4515 of 2013, 4517 of 2013, 5393 of 2013, 5429 of 2013, 5430 of 2013 and 24380 of 2013. The challenge to the acquisition proceedings was primarily on the ground that they were forced to execute sale deeds in favour of the private builders/developers soon after issuance of notification dtd. 17/9/2004 under Sec. 4 of the Act of 1894 as they were put under fear of losing their title on payment of Government rates which were far less than the actual market value. This Court while considering the contention raised by the petitioners vide order dtd. 15/7/2013 modified on 18/9/2013 observed that there are disputed question of facts in the case at hand and thus is not inclined to accept or hold the trial in relation thereto, however, directed the competent authority to consider and examine the allegations contained in the representation in accordance with law.