KAUSHIK SURGICAL INDUSTRIES Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, as a sole proprietorship concern, purchased 1/6th share of the land measuring 1 bigha ­ 5 biswa in Khewat No.240 Khata No.413 Khasra No.495 in village Khandsa, District Gurgaon vide registered sale deed dated 23rd August, 1982. The aforesaid land was situated within an 'industrial area' where the petitioner also set up a small scale industrial unit for manufacturing the surgical equipments like cotton, bandages and other allied products. The industry was set up under the 'Rural Industry Scheme' floated by the Haryana Government. It was duly registered as a small scale industry vide registration No.05/02/25755/RIS/PMT dated 25.11.1984. The petitioner also obtained drug licence dated 16.03.1985 from the State Drug Controller. Other requisite permissions were also granted to it.

(2.) THE State of Haryana vide a notification issued in November, 1993 under Section 4 of the Land Acquisition Act, 1894 (in short, 'the Act') proposed to include the petitioner's land for acquisition. The petitioner filed objections under Section 5A of the Act, followed by a representation and on consideration thereof, the Director, Town and Country Planning vide order dated 09.04.1986 (Annexure P1) released the petitioner's land from acquisition.

(3.) THE State of Haryana, however, issued another notification dated 22nd July, 1996 (Annexure P6) under Section 4 of the Act proposing to acquire land of villages Khandsa and Khadipur to utilize it "for commercial/Local Shopping Centre, Sector 10A, Gurgaon". The proposed acquisition included the petitioner's land and factory as well. The petitioner contacted the office of Administrator, Urban Estate, Gurgaon who informed him that the petitioner's land though was exempted from acquisition earlier in lieu of which the petitioner was required to execute an agreement for payment of development charges for road parking etc., which were not deposited by it, hence the land was again proposed to be acquired. The petitioner immediately represented to the authorities that it had executed the agreement and submitted the same to the office of Director, Urban Estates. The petitioner's proprietor, however, executed another agreement with respect to the exemption and re -submitted the same in the office of the Administrator, Urban Estate, Gurgaon on 05.03.1997 (Annexure P7). He thereafter represented to the Land Acquisition Collector on 30th April, 1997 but was statedly informed by the authorities that with the expansion of residential zone of Gurgaon, he would not be allowed to run the factory nor his entire land would be exempted save the two Shop -cum -Offices sites, to be carved out at the site of his factory which would be allotted to him and in lieu thereof, a small part of its land would be needed to straighten the other plot(s). For this purpose, a site plan was prepared showing the area under existing structure, proposed area of the Shop -cum -Offices and the area proposed to be taken from the petitioner or to be given to HUDA for straight alignment of the Shop -cum -Offices sites.