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2015 Supreme(P&H) 1590

IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mrs. Justice Raj Rahul Garg
CWP No.16085 of 2012(O&M)
M/s Kataria Constructions Pvt. Ltd.
v.
State of Haryana & Ors.
{Decided on 05/11/2015}

Subject

Land Acquisition - Public Purpose

Act Referred

LAND ACQUISITION ACT : S.48

Headnote

Land Acquisition--Marginal land, after utilization the land for the purpose of road can be utilized for another public purpose and not to be necessarily released.

       Land Acquisition Act, 1894, S.48--Release of Land--Marginal Land--Public Purpose--Land which does not fall within road alignment is called marginal land--Held; marginal land, after utilization the land for the purpose of road can be utilized for another public purpose and not to necessarily released.

       In the present case, the land is not being acquired for any commercial purpose but the purpose subservient to the purpose of acquisition of road or for any other public purpose including green buffer zone, therefore, the purpose of acquisition remains public purpose. (Para 16)

       

Advocates:
For the Petitioner(s):Mr. Kanwaljit Singh, Senior Advocate with Mr. Vikram Gupta, Advocate.
For the Respondents: Ms. Palika Monga, D.A.G. Haryana.

JUDGMENT

Mr. Hemant Gupta, J.: - The issues raised in the present writ petition are also the issues raised in the writ petitions given at the foot note of the order. However, for the facility of reference, the facts are being taken from the present writ petition itself.

2. The challenge in the present writ petition is to the notifications dated 14.08.2008 and 01.03.2012 published under Section 4 and 6 of the Land Acquisition Act, 1894 (for short ‘the Act’), respectively for acquisition of land measuring 1169.98 acres in 19 villages including the land of the petitioner situated in village Nimka for the purposes of development and utilization for Master Plan Roads of Sector 75-89 as per the Development Plan of Faridabad. The petitioner has purchased the land, subject matter of acquisition vide three separate sale deeds dated 15.02.2008 and 20.02.2008.

3. Initially, notifications under Section 4 and 6 of the Act were published by invoking urgency provisions under Section 17 of the Act on 14.08.2008 and 30.08.2008 respectively. Some writ petitions were filed challenging the invocation of urgency provisions including one by the present petitioner i.e. CWP No.7057 of 2010. Vide order dated 27.05.2011, notification under Section 6 of the Act was set aside in seven writ petitions pertaining to land measuring 31.82 acres. Liberty was given to the land-owners to file the objections under Section 5A of the Act. The Land Acquisition Collector was directed to give opportunity of hearing and then to make a recommendation as per law. It is thereafter, the petitioner submitted objections on 25.06.2011 (Annexure P-10) wherein the petitioner conveyed its no objection to acquire portion of land required for the purposes of road only but sought release of remaining land. The Land Acquisition Collector considered the objections and recommended to the State Government to the following effect:-

“This construction and Master plan is situated on the road in between Sec. 75 to 89 which should be acquired under public consideration. Decision should be taken on the higher level on account of benefit is to be given to applicant under R/R Police.”

4. It is thereafter, the notification under Section 6 of the Act was published on 01.03.2012 in respect of land measuring 367 acres of village Nimka and the award of the land in question was announced on 09.08.2012.

5. In a short affidavit filed on behalf of Additional Director, Urban Estates, Haryana, Panchkula, it was pointed out that the application filed by the petitioner for grant of licence was returned on 04.07.2008 but the petitioner did not respond to the communications. It is also pointed out that the petitioner sought change of land use on 19.05.2011 which was again returned as the land was under acquisition for the purposes of sector roads. It is also pointed out that right of way for this peripheral road is 75 meters along with 30 meters wide green belt including a service road which makes the total width 105 meters. The acquisition boundary has been fixed with Killa lines to avoid unauthorized constructions/ colonization by taking approach from this road. The land of the petitioner acquired beyond green belt is to be utilized for the multi-storey parking as per lay out plan which is a very important infrastructural element to cater to present day needs of urbanization. It is also pointed out that the land of the petitioner was vacant at the time of issuance of notification under Section 4 of the Act and that release of land of the petitioner would frustrate for the purpose of acquisition.

6. Learned counsel for the petitioner refers to the site plan (Annexure P-8) to contend that part of the land owned by the petitioner falling beyond 30 meter green belt on one side and 75 meter road on the other should be released from acquisition.

7. On the other hand, Ms. Palika Monga referred to the site plan (Annexure R-2) filed with the review application to point out that the land of the petitioner adjoining





















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