LAL CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) ORDER:- As common questions of law and fact arise in this bunch of 15 writ petitions (C.W.P. Nos. 6874, 6981, 7051, 7071, 8206, 8595, 8601 and 9911 of 1988 and C.W.P. Nos. 1684, 1809, 2105, 2530, 3919, 5664 and 15920 of 1989), these are being disposed of by one order. The main arguments were addressed in C.W.P. 6981 of 1988 and the facts are being taken from this writ petition.

(2.) By a notice published on 18-3-1985 in the leading newspapers, the Haryana Urban Development Authority (in short 'HUDA'), invited applications for the allotment of residential plots on freehold basis in Sector 13, Bhiwani, to the public in general and other sections of the society. The last date for the receipt of applications was 19-4-1985 and 19-6-1985 in the case of ex-servicemen and Indians posted in foreign embassies. The number of plots and their dimensions that were available for allotment and also the rate at which they were offered by HUDA, was as under

(3.) In the written statement originally filed on behalf of the respondents, it is pleaded that the advertisement issued in March, 1985 regarding Sector 13, Bhiwani, was at the tentative price of Rs. 156.95 per sq. yard, but the draw of lots could not take place because the land had not come in possession of HUDA. at that time and it was only in the process of being acquired by the State Government under the provisions of Land Acquisition Act. The award relating to this price was announced on 18-11-1987 and, therefore, there had been some delay in the draw of lots. Increase in the tentative price of plots that were offered later for allotment was sought to be justified on the ground of heavy price escalation in the development cost as also increase in the cost of land. It is averred that earlier the total development cost was taken at Rs. 2,15,000/- per acre and the cost of land was Rs. 80,000/- per acre. Development cost had increased to Rs. 4,58,000 /- per acre while the cost of land had increased to Rs. 87,768 per acre in the year 1988. The respondents filed an additional written statement on 14-12-1988, in which it is submitted that the State Government had acquired the land for HUDA in Sectors 13 and 23 at Bhiwani and the notifications under Sections 4 and 6 of the Land Acquisition Act were issued on 3-11-1980 and 18-3-1981, respectively. It is further pleaded that some of the land owners whose land was sought to be acquired filed two writ petitions (C. W. P. Nos. 840 of 1985 and 442 of 1986) in this Court, challenging the acquisition proceedings. These writ petitions were allowed by this Court on 17-5-1985 and 6-3-1986 respectively and the notifications were quashed. The State Government then issued fresh notifications under Sections 4 and 6 of the Land Acquisition Act on 4-6-1986 and 15-4-1987 and the award was announced regarding Sector 13 on 10-11-1987 and regarding Sector 23 on 31-3-1988. In view of this background the stand taken by the respondents is that there had been no undue delay on their part in allotting the residential plots and until HUDA could get possession of the acquired land the allotment of plots in pursuance of the earlier advertisement issued in March, 1985 could not be made. In pursuance of an undertaking given before the Motion Bench, the respondents filed a further affidavit of Sh. Mohinder Nath Sharma, Chief Engineer, HUDA, giving the break-up and the reasons for incresed in the development charges in 1988. Enhanced price escalation, higher provisions for community buildings and special repair of roads etc. over and above the items of work considered during the year 1985 were stated to be the reasons for enhancement in the tentative price of plots that were offered for allotment in 1988. Annexure 'R1' attached with the affidavit of the Chief Engineer is the statement showing the details of development cost for Sectors 13 and 23 showing how it increased from Rs. 2,15,000/- per acre to Rs. 4,58,000/- per acre.