ROHTAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of C.W.P. Nos. 20909, 21572, 21858, 21956, 21724-31, 21734, 21752, 21762, 21764, 21856-57, 22959, 22964, 23225 of 2011 and 15845 of 2012 as counsel for the parties are ad-idem that the points in issue raised in these cases are common in nature. The petitioners impugn the notifications dated 11.02.2010 and 18.08.2011 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, to the extent of acquisition of their land situated within the revenue estate of villages Mewka, Lakhnola, Shikohpur, Sikenderpur Badha, Hayatpur, Harsaru, Wazeerpur, Dhorka, Kakrola, Bhangrola, Badha, Navada Fatehpur, Naharpur Kasan and Naurangpur, respectively, Tehsil and District Gurgaon. The acquisition has been made for development and utilization of the land for Sector roads in Sectors 81 to 95 at Gurgaon, to be developed by Haryana Urban Development Authority ['HUDA'].

(2.) Amongst various pleas taken by the petitioners for assailing the subject acquisition, their foremost contentions are that:

(3.) The official as well as some of the private respondents have filed their respective written statements. Respondents No. 2 to 5 have averred that the subject acquisition would cater to a bona-fide public purpose like construction of 75 meter wide sector roads; the petitioners have concealed the material fact that their constructions fall in the alignment of the Sector road; they raised constructions in violation of Sections 6 and 7 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963; the alignment of 75 meter wide sector road and 70 meter wide multi-utility corridor is strictly in accordance with the Final Development Plan of Gurgaon-Manesar Urban Complex-2021 and that there is no statutory bar against acquisition of existing structures.