MAM CHAND YADAV THROUGH HIS LRS AND OTHERS V/S STATE OF HARYANA AND OTHERS Present : Mr. Rohan Moudgil, Advocate for Mr. Sandeep Sharma, Advocate for the applicants-petitioners.

Mr. Ankur Mittal, Addl. A.G., Haryana with Mr. Pardeep Chahar, Sr. DAG, Haryana and Mr. Saurabh Mago, DAG, Haryana.

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Through the main petition being CWP-21875-2011 Mam Chand Yadav and others Vs. State of Haryana and others, the applicants-petitioners impugned before this Court notifications dated 11.02.2010 and 18.08.2011 issued under Sections 4 and 6 of the Land Acquisition Act, 1984 respectively to the extent of acquisition of their land situated within the revenue estate of villages Mewka, Lakhnola, Shikohpur, Sikenderpur Badha, Hayatpur, Harsaru, Wazeerpur, Dhorka, Kakrola, Bhagrola, Badha, Navada Fatehpur, Naharpur Kasan and Naurangpur, Tehsil and District Gurgaon. The acquisition had been made for development and utilization of the land for Sector roads in Sections 81 to 95 at Gurgaon, to be developed by the Haryana Urban Development Authority (HUDA).

2. Considering the rival stands taken by the petitioners, State and other respondents, the main petition, along with a bunch of the petitions in which the leading case was CWP-21572-2011 Rohtas and others Vs. State of Haryana and others, was disposed of on 04.09.2013. The said order is reproduced here as under:-

This order shall dispose of CWP Nos. 20909, 21572, 21858, 21956, 21724-31, 21734, 21752, 21762, 21764, 21856-57, 22959, 22964, 23225 of 2011 and 15845 of 2012 as counsel for the parties are ad-idem that the points in issue raised in these cases are common in nature.

[2]. The petitioners impugn the notifications dated 11.02.2010 and 18.08.2011 issued under Sections 4 and 6 of the Land Acquisition Act, 1894, to the extent of acquisition of their land situated within the revenue estate of villages Mewka, Lakhnola, Shikohpur, Sikenderpur Badha, Hayatpur, Harsaru, Wazeerpur, Dhorka, Kakrola, Bhangrola, Badha, Navada Fatehpur, Naharpur Kasan and Naurangpur, respectively, Tehsil and District Gurgaon. The acquisition has been made for development and utilization of the land for Sector roads in Sectors 81 to 95 at Gurgaon, to be developed by Haryana Urban Development Authority ['HUDA'].

[3]. Amongst various pleas taken by the petitioners for assailing the subject acquisition, their fore-most contentions are that:

[i] the purported 'public purpose' of construction of sector roads is actually a 'private purpose' to facilitate and benefit the private builders as none of the Sectors from 81 to 95, is being developed by the State or its agencies, like HUDA. To say it differently, the land falling within these Sectors is owned by private builders only and the proposed roads are to be constructed to promote their business;

[ii] out of the total land meant for planned area of these Sectors measuring 5500 acres, the Government agencies own only 340 acres in one of the sectors, hence the proposed roads would not serve any 'public purpose';

[iii] The residential houses of most of the petitioners have been acquired and are to be demolished to construct the proposed roads contrary to the government policies like dated 26.10.2007 as modified on 24.01.2011;

[iv] those petitioners who own small size vacant plots/land are also dispossessed of their respective properties without having been rehabilitated in accordance with the government policy notified on 09.11.2010;

v] the petitioners' objections under Section 5-A of the Act have been either rejected mechanically or despite recommendations made by the Land Acquisition Collector to release their properties, acquisition has been made without any application of mind. The impugned action is thus termed as one in violation of Articles 14 and 300-A of the Constitution of India.

[4]. The official as well as some of the private respondents have filed their respective written statements. Respondents No. 2 to 5 have averred that the subject acquisition would cater to a bona-fide publ