IMT INDUSTRIAL ASSOCIATION AND ORS. Vs. HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS.

JUDGEMENT

(1.) All these writ petitions challenge the methodology adopted by Haryana State Industrial and Infrastructure Development Corporation (HSIIDC) (for short 'Corporation') in calculating the additional price to be paid by the allottees of various categories pursuant to the enhancement of compensation for the lands acquired for the purpose of allotment. Of course, few writ petitions have brought in certain additional issues as well. As common issues have broadly arisen for determination in these writ petitions, we have proposed to dispose of these writ petitions by a common judgement.

(2.) The admitted facts:- a) The Government of Haryana acquired land measuring 256 acre- 3 kanal-17 marla vide award dated 28.3.1997, 1490 acre-2 kanal-6 marla vide award dated 3.4.1997 and 2 acre-5 kanal-16 marla vide award dated 11.8.1998 for the purpose of developing Phase I of Industrial Model Town (for short 'IMT'), Manesar by the Corporation. It has been developed as an integrated complex for industrial, residential, commercial, institutional and other permissible uses. References had been made by the land owners invoking the provision under Section 18 of the Land Acquisition Act, 1894 praying for enhancement of compensation. The reference Court at Gurgaon vide orders dated 5.2.2003 and 12.2.2004 fixed the market value of Block A land falling within 500 yards of the National Highway (NH-8) at Rs. 6,89,333/- per acre against the value of Rs. 4,13,600/- per acre fixed by the Land Acquisition Collector (LAC). It is to be noted that the market value of land comprised in Block B was not at all increased by the reference Court. The land owners chose to challenge the orders of the reference Court by filing Regular First Appeal before this Court. It may also be noted that the Corporation did not challenge the award passed by the reference Court. By a common order dated 19.5.2006, this Court fixed the market value of the acquired land at Rs. 15 lac per acre alongwith all statutory benefits. It goes without saying that statutory benefits include interest @ 12% from the date of notification till the date of award in addition to 30% enhanced cost as solatium plus interest at 9% on the amounts so payable for one year and thereafter interest @ 15% on the amount due till the final payment. Aggrieved by the above orders passed by this Court in a batch of writ petitions, the Corporation and the land owners filed Special Leave Petitions (for short 'SLPs') before the Hon'ble Supreme Court. The batch of SLPs were disposed of by the Hon'ble Supreme Court on 17.8.2010 and enhanced the compensation for the entire land acquired at Rs. 20 lac per acre alongwith all statutory benefits. The story further goes on that Review Petitions were filed by the Corporation. A sum of Rs. 872 crores was deposited by the Corporation in terms of the interim orders passed therein. But ultimately, the Review Petitions were dismissed on 2.7.2012 with cost of Rs. 25,000/- per case. A direction also was issued by the Hon'ble Supreme Court that entire enhanced compensation should be deposited at the rate of Rs. 20 lac per acre alongwith statutory benefits within a period of 3 months. The fact remains that the Corporation has deposited Rs. 1325.39 crores towards the total enhanced portion of compensation. The Corporation issued a final notice vide letter dated 24.9.2012 demanding payment of Rs. 3552/- per sq.mtr.

(3.) The common pleadings of the writ petitioners:-