AUTOMAX LIMITED Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) CHALLENGE in this petition filed under Article 226 of the Constitution is to the notification dated 26.8.1997 (P -4), issued under Section 4 of the Land Acquisition Act, 1894 (for brevity, 'the Act') and the declaration dated 25.8.1998 made under Section 6 of the Act (P -5). The petitioner has further prayed for quashing award dated 24.8.2000 (P -6).

(2.) THE facts may be briefly noticed. The petitioner claims that it is a leading automobiles manufacturer of the country and has established a factory constructed on the land, as small part of which has been acquired apart from the huge other area. It is conceded position that a small piece of triangular land, measuring 8 Biswas has been acquired by notifications issued under Sections 4 and 6 of the Act. The petitioner -did not offer any objections under Section 5 -A of the Act, however, it has alleged that the award dated 24.8.2000 (P -6) has been passed without complying with the provisions of Section 9 of the Act, as no notice was served on the petitioner. It is claimed that for expansion of its factory, the petitioner has further purchased adjoining land. The petitioner has prayed that the respondents be directed to release the land by exercising power under Section 48 of the Act.

(3.) A separate short reply on behalf of the Director, Town and Country Planning, Haryana -respondent No. 4 has also been filed taking the stand that permission for change of land use under the provisions of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963 (for brevity, 'the 1963 Act') was granted to the petitioner on 30.6.1994 for setting up of an industrial unit on the land measuring 14//5/1/2 (part), 17//10/2/1 and 14//4/2 (Part) of the revenue estate of village Tikri, falling in the controlled area of Gurgaon. The petitioner further sought permission for change of land use for expansion of its industrial unit, which was granted on 6.2.1995, for an area measuring 7103.40 Sq. Yards, comprised in Khasra Nos.l4//4/l (Part) & 5/1/1 of the same revenue estate. The land which is under acquisition in the present case falls on a corner of the petitioner's industrial site and no building/structure exist on the piece of land at the site. It has further been asserted that as per the conditions of grant of permission for change of land use and as per the undertaking given by the petitioner in the year 1994 and 1995, the petitioner was required to pay balance amount of revised conversion charges amounting to Rs. 6,60,180/ -. The petitioner was directed to deposit the aforesaid amount vide office letters dated 14.2.2003 and 19.5.2003. The amount has not been deposited, thus, the terms and conditions for permission for change of land use have not been complied with till date. It has further been asserted that after completion of construction, the petitioner was required to give notice to the Director, Town and Country Planning, intimating that the building was complete in all respects according to the sanctioned plans. He was also required to apply for obtaining occupation certificate on the prescribed form. Since the petitioner has not applied for issuance of occupation certificate, therefore, it has not complied with the provisions of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Rules, 1965 (for brevity, 'the 1965 Rules'). Accordingly, it is claimed that the plea of change of land use would not come to the rescue of the petitioner.