MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above noted two writ petitions, as common questions of law and facts arise for consideration therein. However, for facility of reference, the facts are taken from CWP-22339-2021.

(2.) The petitioners have sought issuance of a writ in the nature of Certiorari quashing the Land Pooling Scheme (Annexure P4) dtd. 10/9/2012 issued by the respondent-authorities, whereby they have been denied the benefit of allotment of residential as well as commercial plots. A further writ of Certiorari has been sought quashing the communication dtd. 29/7/2020 issued by respondent No.3 vide which the claim of the petitioners was declined.

(3.) It is the case of the petitioners that respondent No.1-State issued four notifications dtd. 7/7/2011 under Sec. 4 of the Land Acquisition Act, 1894 (for short 'the 1894 Act'), thereby notifying different areas of land situated in Village Jhajjar, Jhondi and Sikanderpur falling within the urban area as defined under Sec. 2(i) of the Haryana Urban Development Authority Act, 1977 (for short 'the 1977 Act'), for development and utilization of the said land for setting up of Sectors 7, 8, 9-A and 10 Jhajjar. The purpose for acquisition of land for the said Sectors was for the development of residential sectors in Jhajjar, whereas that for Sector 10 was for development of institutional and partly commercial, road widening and green belt of Sector 10, Jhajjar. It is further the case of the petitioners that their land measuring 27 Kanal 4 Marlas also became subject matter of compulsory acquisition and finally an award under Sec. 11 of the 1984 Act, was passed on 4/7/2014 (Annexure P3). It is further averred that in terms of the aforesaid award, the land owners opting for the Land Pooling Scheme were to be provided developed residential site(s) in the form of residential plots measuring 1000 square yards and commercial site measuring 100 square yards against each one acre of land acquired in lieu of compensation package and all the benefits admissible under the Rehabilitation and Resettlement Policy of the Government. It was further stipulated in the said award that the land owners would be eligible to participate in the Land Pooling Scheme only if a minimum of 1000 square yards or more of his/their land was acquired. The aforesaid stipulations in the award were in terms of the Land Pooling Scheme issued on 10/9/2012. Subsequent thereto, respondent No.3 had issued a public notice dtd. 24/2/2013, inviting applications from the land owners of Sector-10, Jhajjar by giving them option to become partners in the development process, in lieu of the compensation, the petitioners had submitted their applications, which were duly received in the office of respondent No.3. Similar separate awards were passed in respect of the land of Sectors 7, 8 and 9-A, Jhajjar. The petitioners had exercised their option seeking benefit under Clause 5(iii)(a) of the aforesaid scheme. The petitioners in terms of the aforesaid clause, had availed an upfront amount of Rs.18.50 Lacs as per floor rates as applicable to the area for which their land was acquired. The said amount was paid to them through three cheques dtd. 27/1/2015 which was duly credited to their bank account. However, as they were not allotted any residential or commercial plots as per the options exercised by them, they approached respondents No.2 and 3 by visiting them personally several times as also by making repeated representations (Annexure P-14 to Annexure P-18). However, vide communication dtd. 29/7/2020, the claim of the petitioners was rejected. The petitioners had pleaded that the Land Pooling Scheme dtd. 10/9/2012 is arbitrary and discriminatory as the respondents-authorities have made a distinction between two sets of the land owners i.e., one whose land was acquired for development and utilization for commercial purpose and the other, whose land was acquired for development and utilization of the residential purposes.