(1.) THIS order will dispose of Civil Writ Petition Nos. 5878, 6038, 7922, 8515, 8886, 14858 of 2003, 9142, 9155, 9181, 11502 and 11637 of 2004, as all the writ petitions seek same relief of quashing of proceedings for acquisition of land initiated in pursuance of notification dated 13.8.2001 under Section 4 and notification dated 9.8.2002 under Section 6 of the Land Acquisition Act, 1894 (for short, 'the Act').
(2.) CASE set out in CWP No. 5878 of 2003 is that the writ petitioners purchased land adjacent to Hotel Bristol and DLF Gymkhana Club in Gurgaon in 1990. Acquisition proceedings were earlier initiated vide notification dated 5.10.1984 under Section 4 of the Act, which were challenged by filing CWP No. 1470 of 1985. During pendency of the writ petition, the acquisition proceedings were withdrawn and the writ petition was disposed of as infructuous on 1.5.2000.
(3.) GROUNDS raised in the petition for challenging acquisition are that notification under Section 6 of the Act was issued without considering the objections of the petitioners. The notification was not duly published. It has been further stated that substantial portion of area had already been released from acquisition in favour of DLF Construction Company and other persons mentioned in para 17 of the petition, who had influence on Government. The public purpose of development was an eye-wash. The area was surrounded by land belonging to private builder M/s. DLF Universal Limited and acquisition will advance its pecuniary interest with the help of HUDA. The site was not validly selected. No development plan was prepared in accordance with the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963 (in short, 'the 1963 Act') and Haryana Development and Regulation of Urban Areas Act, 1975 (in short, 'the 1975 Act'). The acquisition amounted to benefiting a private builder by leaving out adjacent land from acquisition. The petitioners also filed rejoinder placing on record further developments that land abutting and behind their land was exempted from acquisition on account of which notified public purpose did not survive. Substantial part of the land covered by the notification was released in favour of persons to whom licences Annexures P.16 to P.18 were granted under the provisions of the 1975 Act. There was no objective criteria for release and action of the State was discriminatory. Order of Director Urban Estate Development, Haryana for release of part of acquired land dated 2.5.2003 has been filed as Annexure P.20. Further affidavit dated 26.7.2004 was filed on behalf of the petitioners stating that during pendency of the petition, more land out of the acquired land was released, which was covered by licences Annexures P.23 to P.26. Most of the acquired land having thus been released, there was no purpose for continuing acquisition proceedings. Similar averments have been made in Paras 7 and 8 of replication dated 27.2.2004 in CWP No. 6038 of 2003, which are as under :-
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