SIMBHU DAYAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This order shall dispose of the aforementioned writ petition as well as the writ petitions, mentioned at the foot of the order, challenging notifications dated 14.03.2012 and 31.01.2013 issued under Sections 4 & 6 of the Land Acquisition Act, 1894 (for short 'the Act'), whereby land measuring 20 Acre 1 Kanal 5 Marla was acquired for a public purpose i.e. to construct a bus stand at Rewari, District Rewari. However, for the facility of reference, the facts are taken from the aforementioned writ petition.

(2.) The petitioner is owner of land situated in Village Rewari, Tehsil & District Rewari, which stands notified for a public purpose i.e. to construct a bus stand at Rewari, District Rewari vide aforesaid notifications. The acquisition is challenged on the ground that in the final Development Plan (Annexure P-2) published on 18.03.2009 under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (for short 'the 1963 Act'), the area demarcated for construction of bus-stand is in Sector 12 having legend No.420, whereas the land of the petitioner is reserved for open space having legend No.700. The petitioner has also referred to the communication dated 13.09.2010 (Annexure P-3) from the Administrator, HUDA, Gurgaon to the Chief Administrator, HUDA (Town Planning Wing), Panchkula to the effect that a site measuring 20 acres in Sector - 20 (Residential) has been identified for construction of bus-stand for which approval was sought. The petitioner has also referred to the draft Development Plan 2031 around Municipal Town Rewari and Controlled Area around Primary School Village Khaliawas. A perusal of the said Plan shows that the Legend 400 is for transport and communication, whereas Legend 420 within that area is for roads, road transport depot and parking areas dockyard. The said area falls on Bawal-Rewari road of NH-71 in the revenue estate of Village Gajjiwas. There is a bus-stand reflected on NH-71B close to Delhi-Rewari road near Legend 310, 320 & 330 i.e. the Industrial area. The said bus-stand appears to be the existing bus-stand.

(3.) It is pointed out that though the land was reserved for bus-stand in Sector 12 having legend No.420, but the bus stand was later proposed in Sector 20, Rewari. But later on the land of the petitioner has been notified vide the notification impugned in the present writ petitions for setting up of a bus-stand. Thus, the land of the petitioner, reserved for open area as per the Development plan, is being acquired for the purpose of bus stand in contravention of the Development Plan, Rewari-Bawal Urban Complex. The petitioner has also asserted that he has residential house over the land in question, which is required to be exempted in terms of the Policy of the State Government. The land for the bus-stand is reserved in another pocket, therefore, the acquisition is not sustainable.