GIRDHARI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall dispose of CWP No. 17412 of 2004 along with connected cases bearing CWP Nos. 10396, 10904, 10708, 10713, 10804, 11391, 11496, 11619, 11695, 11713, 11838, 11842, 11845, 11906, 11911, 11913, 11916, 12059, 12138, 12143, 12278, 12354, 12355, 12394, 12398, 12495, 12503, 12523, 12537, 12718, 12776, 13229, 13272, 13305, 13437, 14087, 14108, 15063, 17592 and 17848 of 2004 as the petitioners in all the cases have laid challenge to the notifications dated 17.04.2002 [published on 21.04.2002] and dated 10.04.2003 [published on 16.04.2003] issued under Sections 4 and 6 as well as the consequential award passed under the Land Acquisition Act, 1894.

(2.) VIDE the above stated notifications, the State of Haryana acquired land measuring 1227.13 Acres comprising the revenue estate of villages Bahadurgarh, Balore, Barkatabad and Sarai Aurangabad in District Jhajjar for the purpose of development and utilisation of the land as residential, commercial and institutional Sectors 1[Part], 10, 11[Part], 12 and 13, Urban Estate at Bahadurgarh.

(3.) A Division Bench of this Court allowed those writ petitions vide order dated 21.06.2010 [Reshma Footwears [P] Ltd. Vs. State of Haryana & Ors.], : 2013[3] RCR [Civil], 359 and quashed the acquisition qua the writ petitioners, inter -alia, observing that [i] the petitioners were not given opportunity of hearing as per the procedure contemplated under Section 5 -A of the Act; [ii] the acquisition was contrary to the mandate contained in the National Capital Region Planning Board Act, 1985; [iii] the action of the State in releasing the constructed properties on pick and choose basis was discriminatory in nature; [iv] the petitioners were denied the benefit of Section 48 of the Act for wholly insufficient reasons.