SUMITRA DEVI SETHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution prays for quashing order dated 31.3.2008 (P-1) passed by the Director, Urban Development, Haryana-respondent No. 2, withdrawing his earlier orders dated 23.11.2007 (P-11) whereby C.W.P. No. 10223 of 2008 sanction was accorded to the building plans of the petitioners as per lay out plan attached with the resolution dated 12.2.1999 passed by the Municipal Council, Hisar-respondent No. 6. A further prayer has been made for directing the Municipal Council, Hisar-respondent No. 6 to approve the pending as well as new building plans submitted by the petitioners in accordance with the approved lay out plan dated 12.2.1999. Still further a prayer has been made for directing the respondents to implement Award No. 3H, dated 2.8.2001 and to honour the agreement reached between the petitioners/land owners and the State of Haryana through Commissioner and Secretary, PWD (B&R) and the Deputy Commissioner, Hisar-respondent No. 5.

(2.) BRIEF facts of the case are that the petitioners are land owners of the area falling between Gurudwara and Parijat Chowk and behind Neelam Theatre, Hisar. The PWD (B&R) Haryana approved the project for improvement of Delhi- Hisar-Sirsa Road and to reduce the traffic congestion from Parijat Chowk to Gurudwara Chowk in the city of Hisar. The land belonging to the petitioners was earmarked to construct the alternative road. On 26.1.1999 a notification under Section 4 of the Land Acquisition Act, 1894 (for brevity,'the Act') was issued for acquiring the land for the aforementioned project followed by declaration dated 3.8.1999 under Section 6 of the Act. Since the land in question was situated in a commercial zone and huge compensation was required to be paid as a consequence of acquisition, the Government decided to acquire the land through negotiations, which were carried out by the Deputy Commissioner, Hisar-respondent No. 5. As a result of negotiations, the petitioners agreed to give up their 1941 square yards land falling under road 'free of cost', subject to certain conditions. The petitioners requested that the lay out plan of the area, which was submitted to the Municipal Council, Hisar be approved after incorporating the proposed road in it (P-2). They also furnished affidavit to this effect on the asking of the Deputy Commissioner- respondent No. 5 (P-3).

(3.) THE petitioners have claimed that the respondents failed to construct or demarcate the road at site in terms of the lay out plan dated 10.9.1999. On 21.6.2001, another affidavit was furnished by the petitioners. 4. The petitioners have asserted that some of the land owners were also compensated by the respondents by way of allotment of alternative pieces of commercial land belonging to the Improvement Trust, Hisar in the vicinity of the area. The Deputy Commissioner-respondent No. 5 also prepared a proposal and sent the same to the Government for approval, which was conveyed by the Commissioner and Secretary, Urban Development, Haryana on 30.7.2001. On the basis of the aforementioned, approval, the Land Acquisition Collector passed an Award bearing No. 3H District Hisar, dated 2.8.2001, under Section 8 of the Act (P-8). From the perusal of award it is clear that the land belonging to the petitioners was taken by the Government free of costs and in consideration thereof, the Government had accepted the proposal of the Deputy Commissioner- respondent No. 5.