RAMMURTI SARIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The following questions can be said to arise in terms of the order 19.09.2012 of the Division Bench of this Court for authoritative decision by the Larger Bench:

(2.) The said questions have arisen out of the fact that the land of the petitioners and other land-owners measuring 3325.52 acres was intended to be acquired for a public purpose namely 'for the development and utilization as residential and commercial, Sector 2, Sonepat' vide notification dated 19.10.2001 issued under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'). The petitioners filed objections to the said notification as contemplated under Section 5A of the Act. But subsequently after giving an opportunity of hearing to the land owners, the notification under Section 6 of the Act was published on 18.10.2002 releasing a small chunk of land measuring 8-10 acres. After publication of the Section 6 notification, the petitioners entered into a collaboration agreement with the colonizer/builders for the development of residential and commercial projects. Thereafter, the petitioners through their colonizer/ builders submitted an application on 13.09.2004 for grant of license under the Haryana Urban Development Regulation Act, 1975 and under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963. After the said application was submitted, the Land Acquisition Collector announced Award on 14.10.2004 even in respect of land for which the petitioners had submitted application for license. It is asserted in the petition that the petitioners through the colonizer were asked to deposit the deficit license fee to the tune of Rs.56,43,602/- vide communication dated 17.12.2004.

(3.) The petitioners filed writ petition bearing CWP No.18423 of 2004 since the physical possession of the writ petitioners was under threat as award was to be announced. But the said writ petition was withdrawn.