High Court Punjab-Haryana High Court

Subhash Goyal vs State Of Haryana And Others on 5 May, 2009

Punjab-Haryana High Court
Subhash Goyal vs State Of Haryana And Others on 5 May, 2009
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                           CHANDIGARH.


                                            C.W.P. No.20005 of 2006
                                            Date of decision: 5.5.2009

Subhash Goyal.
                                                        -----Petitioner
                                 Vs.
State of Haryana and others.
                                                     -----Respondents

CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE JITENDRA CHAUHAN

Present:-   Mr. A.C. Jain, Advocate,
            for the petitioner.

            Mr. Ashish Kapoor, Addl.A.G., Haryana for the State.

            Mr. Dinesh Nagar, Advocate
            for respondent No.3/HUDA.

            Mr. P.K. Dutt, Advocate
            for respondent No.4/Railways.
                        -----

ADARSH KUMAR GOEL, J.:

1. This petition seeks quashing of notifications dated

21.7.2006, 14.11.2006 and 20.8.2007, Annexures P-13, P-15 and

P-18 respectively.

2. Case of the petitioner is that he alongwith other partners

had established an industrial unit in District Rewari on about 7 Kanal

of land. Notification dated 21.7.2006 was issued for acquisition of

land for residential/commercial purposes in Sectors 6 and 7 of
C.W.P. No.20005 of 2006

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District Rewari. On filing of objections by the petitioner, acquisition

was not proceeded with. Thereafter, a fresh notification dated

14.11.2006 was issued, proposing to acquire land for outer ring road

Green Belt. Thereafter, notification dated 20.8.2007 was issued,

proposing to acquire the land for Railway line. Subsequently, vide

notification dated 28.4.2009, land of the petitioner has been excluded

from acquisition for Railway. Thus, only notification dated

14.11.2006 and further proceedings thereon survive.

3. Contention raised in the petition is that invocation of

urgency clause was not called for as no survey was done about

requirement of Railways, the acquisition being for outer ring road

Green Belt. The land was now proposed to be given to the Railways.

4. In the reply filed on behalf of the Railways, it has been

stated that survey was earlier conducted, but due to financial

constraints, the project could not be taken up for acquisition and now

in view of availability of budget, the project was proposed to be

completed, for which, a sum of Rs.160 crores has already been

spent and earth work on the entire length of about 75 kilometers has

been completed.

5. In the reply filed on behalf of respondents No.1 and 2, it

has been stated that land was required for development of outer ring

road and Green Belt of both sides of Pataudi Road to Jhajjar Road.

6. As regards notification dated 20.8.2007, proposing to

acquire land for the Railways, reply dated 16.4.2009 has been filed
C.W.P. No.20005 of 2006

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by the Director, Urban Estates, Haryana, Chandigarh, stating that

award dated 29.3.2007 has already been announced in pursuance of

notification dated 14.11.2006, which covers the land of the petitioner.

Since the land already stood acquired, the same has now been

excluded from notification dated 20.8.2007. Though the land was

acquired initially for outer ring road Green Belt, the said land will be

got transferred for utilization of Rohtak-Rewari Railway line.

7. We have heard learned counsel for the parties.

8. Learned counsel for the petitioner submitted that there

was no justification for invoking of urgency clause. In the notification

dated 14.11.2006, the project of Railways did not find mention. Land

of the petitioner was included in notification dated 20.8.2007, which

shows that till then requirement for Railways had not materialized.

Reliance has been placed on judgment of the Hon’ble Supreme

Court in Essco Fabs Pvt. Ltd. and another v. State of Haryana &

another JT 2008(12) SC 315, to submit that hearing of objections

under Section 5A of the Land Acquisition Act, 1894 (for short, “the

Act”) was the normal rule and invoking of urgency clause could be in

exceptional circumstances for unforeseen emergency. Even in such

cases, dispensing with the requirement of Section 5A of the Act was

not automatic. If the petitioner was given opportunity to raise

objections, the petitioner would have pointed out that there was other

vacant land available and that the acquisition could be in such a way

as not to affect the running factory of the petitioner. Reliance has

also been placed on judgment of the Karnataka High Court in
C.W.P. No.20005 of 2006

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Gadigeppa Mahadevappa Chikkumbi v. State of Karnataka and

others AIR 1990 Karnataka 2, holding that where by acquisition, an

agriculturist was deprived of his sole means of livelihood and was

rendered landless, such acquisition would be violative of Articles 21

and 19(1)(g) of the Constitution.

9. Learned counsel for the State submitted that the land was

acquired for development by the Haryana Urban Development

Authority, which had an oustee policy for rehabilitation and under that

said policy, the petitioner could seek rehabilitation.

10. Learned counsel for the Railways submitted that the

Railway project will serve larger needs of the society and though

there is long lapse of time since issuance of notification dated

14.11.2006, there should not be any further delay and exercise of

power for invoking urgency clause had to be seen, having regard to

the purpose for which acquisition proceedings were initiated. Little

change in alignment for leaving out land of petitioner may affect the

project in a big way.

11. While having regard to the object for which the land is

proposed to be acquired, we are not inclined to interfere with the

acquisition, we are of the view that the petitioner is entitled to be

heard in the matter.

12. We, accordingly, direct Secretary, Urban Estate

Department, Civil Secretariat, Haryana, Chandigarh to give hearing

to the petitioner on 12.5.2009 at 11-00 A.M.

C.W.P. No.20005 of 2006

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13. Subject to such order as may be passed after hearing the

petitioner, the respondents will be at liberty to proceed with the

matter.

14. The petition is disposed of.


                                         ( ADARSH KUMAR GOEL )
                                                 JUDGE

May 05, 2009                             ( JITENDRA CHAUHAN )
ashwani                                           JUDGE