Section 101-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Act, 2017 does not give vested right to landowners for denotification if the land has already been utilized by the government.

JUDGMENT

Ritu Bahri, J. - CM-8350-CWP-2022

1. Application is allowed and M/s. Shiva Medichem Export Pvt. Ltd. is impleaded as respondent No.3.

2. Amended memo of parties is taken on record.

CWP-18911-2021

3. The petitioner is seeking direction to the respondents to decide its representation dated 01.10.2020 (Annexure P-10) wherein prayer is made for denotifying the land as per Section 101-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Haryana Amendment) Act, 2017 w.e.f. 24.05.2018.

4. The brief facts of the case are that the petitioner is owner in possession of land bearing Khewat/Khata No. 522/652, 653 Khasra no. 1479/852/2 Min (2-10), 1479-/852/2 Min (1-4), Total land 3 Bigha 14 Biswa and Khewat/Khata no. 508/638, Khasra no. 1481/853/2 (4-4) total land 4 Bigha 4 Biswa, total area both the Khewat 7 Bigha 18 Biswa in the Revenue Estate of Village Khandsa, Tehsil and District Gurgaon vide different registered sale deeds bearing No. 4179, 4180 dated 05.06.2006 and 5528, 5529 dated 23.06.2006 and sale deed dated 10.10.2006 after getting NOC Certificate issued by the District Town Planners Enforcement Gurgaon. The land of the petitioner falls in Urban Area, Gurgaon. The petitioner purchased the property measuring 6 Bigha 1 Biswas and 10 Biswani after getting NOC from the District Town Planner Enforcement, Gurgaon in the year 2006 and the total amount of Rs.42 lacs was affixed as a stamp duty.

5. The grievance of the petitioner is that as per the gazette notification dated 27.01.2011 (Annexure P-2), the land of the petitioner was acquired by the Highway Authority of India under Section 3A of the Highway Authority Act. The petitioner has placed on record allotment letters bearing memo No. 5 dated 02.04.2010 and Memo No. 10 dated 27.10.2009 as Annexure P-3 whereby the Estate Officer HUDA Gurgaon allotted industrial plot No. 540, Sector-37-II in favour of Muses Technology (India) Pvt. Ltd. and in favour of M/s. IMT Auto Components Pvt. Ltd. The petitioner has also placed on record allotment and possession letters dated 11.08.2014 and 05.08.2015 as Annexure P-4 to show that after allotment to the above said private limited companies, the petitioner's land which was situated in Sector-34, Gurgaon, was again allotted to M/s. Muses Technology Pvt. Ltd. and M/s. H.A. Cot. Spin. Further, the allotment of industrial plot No. 74 situated in Sector-34, Gurgaon was allotted to M/s. Shiva Medichem Exports Pvt. Ltd. vide allotment letter dated 08.08.2014 (Annexure P-5). The petitioner has also placed on record letter bearing No. 512 dated 31.01.2014 (Annexure P-6) whereby request was made by M/s. IMT Auto Components Pvt. Ltd. to the Estate Officer, HUDA, Gurgaon for physical possession of the site after demarcation of plot No. 7 situated in Sector-34, Gurgaon. Plot No. 7 was in the land of the petitioner and on 10.10.2019, the allottee came to take possession over the plot. The petitioner filed CM-17665-2019 for ad-interim injunction in CWP-26536-2018. Vide order dated 29.11.2019 (Annexure P-7) passed by this Court, direction was given to maintain the status quo in the said petition. Thereafter, petitioner made a representation to HSIIDC for release of land in Sector 34, Gurgaon on 03.06.2020 (Annexure P-8). Vide letter dated 13.08.2020, the petitioner was requested to attend the hearing with respect to representation dated 03.06.2020. Vide order dated 31.08.2020, CWP-26536-2018 was dismissed by the petitioner with liberty to pursue the matter with HSIIDC and the status quo order was vacated. Thereafter, the suit filed by the petitioner for injunction was also withdrawn vide order dated 06.08.2021. The petitioner then moved a representation P-10, Since the representation was not decided, he filed present writ petition.

6. On notice, short reply by way of affidavit of the Assistant Town Planner, HSIIDC, Sector-6, Panchkula dated 07.08.2022 on behalf of respondent No. 1 has been filed. In para 4 o