SULTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of CWP Nos. 14340, 19320, 24150 of 201l, 4581 of 2012, 10094 and 10550 of 2013 as common questions of law and facts are involved in these cases. For better appreciation of the points in issue, a brief reference to the facts of each case is required to be made.

(2.) IT may be mentioned at this stage that vide impugned notification dated 13th May, 2010, State of Haryana expressed its intention to acquire 494 Acres 3 Kanals 6 Marias land for the development of Industrial Sectors 15, 16 and 17 at Dharuhera, as an Integrated Complex for Industrial and other Public Utilities. The land proposed to be acquired comprised revenue estate of villages Kapriwas, Malpura and Ghatal Mahniawas, Tehsil & District Rewari. The final declaration under Section 6 of the Act was notified on 12th May, 2011 for the land measuring 435 Acres 1 Kanal and 12 Marias and the Award is said to have been passed on 10th May, 2013 for 430 Acres of land. A part of the petitioners' land has also been included in Section 6 notification.

(3.) AS regard to the petitioners' claim, it is averred in the written statement that six sets of objections were filed by them for the release of their land measuring 35 kanals 10 marlas on the plea that they have constructed six double storeyed residential houses. It was also mentioned that the land comprising Khasra Number 23/21/3[1 -0] was donated by them to a religious mission vide registered Gift Deed where an Ashram was developed. Keeping in view the existing constructions and the recommendations made by the Land Acquisition Collector, the residential houses or other structures were decided to be released. Their vacant land was recommended for acquisition, hence in the notification issued under Section 6, residential houses and other structures were excluded. As regards the deprivation of petitioners from their only source of livelihood, it is explained that besides compensation, the petitioners as per the Rehabilitation Policy dated 09th November, 2010 are entitled to an Annuity for their long term sustenance, according to which a sum of Rs. 1,000/ - per acre shall be paid for a period of 33 years along with an annual in - crease of Rs. 50/ -. It is claimed that the amount of Annuity is invariably higher than the amount a landowner is able to get for his agricultural land in the form of annual rent in most parts of the State. Respondents No. 1 and 2 have also placed on record the layout plan of the Industrial Estate, Dharuhera according to which the vacant land of the petitioners can not be released as it falls within the alignment of 45 meter wide road though their residential houses/structures stand exempted.