PARMA NAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present writ petition, filed in public interest, challenges the action of the State Government, whereby the land acquired has been released in favour of the private respondents, after the possession of the same was taken over, allegedly in contravention of Section 48 of the Land Acquisition Act, 1894 (for short 'the Act').

(2.) THE petitioner has alleged himself to be a social worker and working in the interest of general public and the Government. It is alleged that the Government of Haryana published notification under Section 6 of the Act on 26.8.1988, acquiring 232.15 acres of land. The possession of the said land was taken on 27.3.1989 as per Rapat Roznamcha appended with the writ petition as Annexure P.1. Another 52.01 acres of land was acquired by the State Government vide notification dated 30.4.1998 under Section 6 of the Act and possession thereof was taken on 1.10.1999 vide Rapat Roznamcha (Annexure P.2). After the possession was taken, the development plans have been prepared and in such plans, the land has been reserved for recreational zone and the mutation has been entered in favour of Haryana Urban Development Authority (for short 'HUDA'). It is pointed out that HUDA has now released land in favour of private respondents No. 5 to 7 and the mutation entered in their favour in contravention of Section 48 of the Act. It is alleged that apart from respondents No. 5 to 7, land of another 23 co-sharers was acquired, but the land has been released in favour of respondents No. 5 to 7 only. It was, thus, alleged that the release of the land in favour of private respondents No. 5 to 7, is mala-fide and due to political pressure and that the remaining co- sharers would not be able to get the plots under the Oustees Quota/Policy. It is, thus, alleged that not only the loss of public money has been caused, but the co-sharers have been also deprived of their right under the Oustees Quota. A written statement has been filed by the Land Acquisition Collector, Urban Estate Haryana, pointing out that Award No. 6 dated 27.3.1989 and Award No. 1 dated 1.10.1999, in respect of land was made in consequence of the notifications under the Act, dated 26.8.1988 and 30.4.1998, respectively. It was alleged that the petitioner has personal interest. It was also pointed out that the land has been released in favour of respondents No. 5 to 7 by the Ministerial Committee, after considering the request of the land owners. It was denied that any right of other co-sharers was infringed.

(3.) IT was further pointed out that the land was released vide order dated 12.11.1999 in respect of which Award was announced on 1.10.1999, without notice to the said respondents. It is also pointed out that an Ahsram under the name and style of 'Deep Manav Sewa Ahsram' for maintaining Orphanage, Old Age Home and Knitting Centre for poor and destitute was being run since June, 1991 and that the objections were filed under Section 5-A of the Act, which fact was noticed by the Land Acquisition Collector in his report.