LAWS(P&H)-2017-9-182

MANESAR INDUSTRIAL WELFARE ASSOCIATION Vs. STATE OF HARYANA

Decided On September 12, 2017
Manesar Industrial Welfare Association Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari to quash an order dated 27.04.2015 passed by respondent No.4-Haryana State Industrial and Infrastructure Development Corporation Ltd. (HSIIDC) and a notice dated 04.06.2015 pursuant thereto demanding an additional price from the petitioner. The other prayers were not pressed.

(2.) The challenge essentially is to the interest levied by the respondents on the additional/enhanced price for the period between the date on which the respondents paid/deposited the enhanced price in Court till the demand for the same by the respondents from the petitioner.

(3.) Considering the limited scope of the challenge, it is sufficient to refer to the facts only briefly. Respondent No.2-HSIIDC is the nodal agency for respondent No.1-Government of Haryana for infrastructure development in the State of Haryana. HSIIDC has been allotting industrial plots to the prospective entrepreneurs for establishing industrial ventures in the industrial estates developed by it. The plots are carved out of the land acquired by the State Government for HSIIDC. To this end the respondents acquired lands in Haryana for expansion of IMT Manesar/development of Phase-IV. Notification under sections 4 & 6 of the Land Acquisition Act, 1984 (LA Act) were issued on 26.02.2002 and 18.11.2002. The price of the land was fixed at Rs. 2.25 lacs per acre to Rs. 7.50 lacs per acre. An award dated 20.05.2004 was made fixing the compensation of about Rs. 31.17 crores which included the cost of land, 30% solatium and 12% per annum additional amount. Subsequently, about five acres were acquired for construction of a 60 meter wide road. Necessary notifications were issued in that regard. By an award dated 28.12.2007 compensation was fixed at about Rs. 1.47 crores.