RAJINDER JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 2903, 2253, 3589 and 3748 of 1990 as common questions of law and facts are involved in all the cases. For brevity, the facts are being extracted from CWP No. 2903 of 1990. 125 petitioners along with their Welfare Association are residents of Naharpur Rupa, Tehsil & District Gurgaon. They seek quashing of notifications dated 30.01.1989 and 05.01.1990 [Annexures P -3 and P -5] issued under Sections 4 and 6 of the Land Acquisition Act, 1894, respectively whereby land of villages Jharsa, Naharpur Rupa and Khandsa, measuring about 600 acres was acquired for its development and utilization as Industrial/Commercial/Transport area comprising Sector 33 and 34 -Part at Gurgaon.

(2.) THE short and foremost plea taken by the petitioners to assail the subject acquisition is that a residential colony known as Hans Enclave' has been set up on the acquired land of village Naharpur Rupa. The said residential colony comprises different sizes of plots ranging from 84 -to 600 square yards. It is averred that 'Hans Enclave' is a fully developed urban locality with all the basic amenities including metaled roads, sewerage, electricity, water supply etc. and that there are hundreds of houses of 'A' class construction in the Hans Enclave, which have been built up after seeking prior permission of the Competent Authorities. The petitioners firstly purchased residential plots in Hans Enclave and most of them have later on constructed their houses. The details of size of plots along with description of land like Khasra No. etc. have been given in Annexure P1. Some of the petitioners have purchased the plots/houses from the original plot owners. Site Plan of Hans Enclave has also been placed on record.

(3.) THE petitioners in their replication have reiterated that they are owners of their respective plots which were purchased by them by way of registered sale deeds. They have explained that the Land Acquisition Collector is referring to Jamabandi for the year 1983 -84, whereas they purchased the plots subsequently, hence their names do not find mention in that Jamabandi. The petitioners in Para No. 6 of their replication have referred to the policy decision taken by the respondents for the release of constructed portion from acquisition.